Consumer Protection Law

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I traded in my used vehicle and the dealership wanted me to…

Customer Question
Hello I traded in...

Hello I traded in my used vehicle and the dealership wanted me to add 1000 down payment with and if I can't make the payment in 10 days I must return the vehicle but the sold my trade in

Lawyer's Assistant: What state is this in? And how old is the car?

Illinois my was a 97 Camry and they said I had a spot delivery

Lawyer's Assistant: Have you contacted the manufacturer?

For the trade in or the new car

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes I wondering if they sold my car what do i do

Submitted: 7 months ago.Category: Consumer Protection Law
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11/7/2017
Consumer Protection Lawyer: LegalGems, Lawyer replied 7 months ago
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,346
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Consumer Protection Lawyer: LegalGems, Lawyer replied 7 months ago

What state is this in regards ***** *****?

Ask Your Own Consumer Protection Law Question
Customer reply replied 7 months ago
Illinois
Customer reply replied 7 months ago
can I get my trade in back
Consumer Protection Lawyer: LegalGems, Lawyer replied 7 months ago

When a spot delivery sale is conducted, the dealer must return the down payment or trade in if the deal falls through (financing).

This is required per the Consumer Fraud Act; please see:

http://www.cata.info/ag_dealer_cant_keep_down_payment_if_spot_delivery_unravels/

http://www.ag.state.il.us/consumers/auto.html

Relevant portion of statute here:

Sec. 2C. If the furnishing of merchandise, whether under purchase order or a contract of sale, is conditioned on the consumer's providing credit references or having a credit rating acceptable to the seller and the seller rejects the credit application of that consumer, the seller must return to the consumer any down payment, whether such down payment is in the form of money, goods, chattels or otherwise, made under that purchase order or contract and may not retain any part thereof. The retention by the seller of part or all of the down payment, whether such down payment is in the form of money, goods, chattels or otherwise, under those circumstances as a fee for investigating the credit of the consumer or as liquidated damages to cover depreciation of the merchandise which was the subject of the purchase order or contract or for any other purpose is an unlawful practice within the meaning of this Act, whether that fee or those charges are claimed from the down payment, whether such down payment is in the form of money, goods, chattels or otherwise, or made as a separate charge to the consumer.
(Source: Laws 1967, p. 2143.)

(815 ILCS 505/2D) (from Ch. 121 1/2, par. 262D)
Sec. 2D. If a consumer in a retail installment sales transaction gives the seller a negotiable instrument in part or full payment for the merchandise which is the subject of a purchase order, retail charge agreement or retail installment sales contract before that merchandise is delivered or furnished to him, the assignment of that agreement or contract or the transfer of that negotiable instrument does not bar that consumer from asserting against the assignee or transferee any defense or right of action he may have against the seller unless (1) the contract or agreement contains, in at least 10-point bold type, the following notice:

"NOTICE TO BUYER

You have the right to give the assignee named (or if no assignee is named, to give the seller) written notice of any defense or right of action which you may have against the seller within 5 days of delivery of the merchandise described herein. If a notice is not received within that time, you may not assert such defense or right of action against the assignee."; And (2) such a notice is not given within the time period stated. Notice is received within the meaning of this Section if the seller or assignee has refused to accept delivery by certified or registered mail of such a notice. It is an unlawful practice within the meaning of this Act for a seller to transfer, assign or negotiate a negotiable instrument made by and received from a consumer in connection with an order for or a contract involving merchandise to be furnished by that seller to that consumer with the intent of not furnishing or delivering merchandise of the quantity, quality and specifications and at the time and place called for by that order or contract.
This Section does not apply where the merchandise which is the subject of the purchase order, retail charge agreement or retail installment sales contract is a motor vehicle, or where the negotiable instrument is made in accordance with the provisions of Subchapter I of the National Housing Act, as heretofore and hereafter amended.
(Source: Laws 1967, p. 2143.)

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2356&ChapterID=67

The civil fines for violation of the Act may include a $50,000 civil penalty.

The consumer may sue for return of the vehicle or its fair market value.

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Consumer Protection Lawyer: Joycelaw, Attorney replied 7 months ago
Joycelaw
Joycelaw, Attorney
Category: Consumer Protection Law
Satisfied Customers: 118
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