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Sold my car. Contact dealership to get refund on my unused…

Sold my car. Contact...

Sold my car. Contact dealership to get refund on my unused warranty for that sold car. Told that it will take 6 weeks to get that money back. In the meantime, I get a check from that dealership/bank. I cash that check, assuming that it is for an overpayment on the loan, etc. 6 weeks go by, so I check in the with the dealer about the warranty check. They tell me that they sent it out, but it was never cashed, so "sorry but we will send you out another." I get that $800 check, and cash it, thinking everything is all set. Two weeks later, they call me and tell me that oops nope the very first check was for the warranty rebate and that was cashed after all, and they made a mistake when they told me that they did still owe me money so now they want the $800 back. I don't feel like I should now have to fork over $800 when they are the ones who didn't research my situation properly and paid me twice. If they had said "nope that check you got 6 weeks ago was all the money we owed you" then I would have been all set and case closed. But,, since they screwed up and let me to believe that they did still owe me money, they sent it and I cashed it. Am I legally obligated to pay them this money back? (I live in Vermont.) Thanks!

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

Vermont, and also in Vermont

Lawyer's Assistant: Have you contacted the manufacturer?

The dealership is who cut me the check and who I have been dealing with since the rebate is from them, not the manufacturer.

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

That should be enough info.

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Answered in 10 minutes by:
11/21/2017
Legal Expert Justin
Category: Consumer Protection Law
Satisfied Customers: 236
Experience: Attorney
Verified

Hello! My name is ***** ***** I'll be the Expert assisting you today. Unfortunately, you will have to pay the money back, unless you can show that it really was for an over payment on the loan, like you assumed. Even if the dealership made a mistake, they can claim that you have been unjustly enriched and would likely prevail in court.

That said, you could refuse to pay and see if they bother trying to take further collection efforts. It is possible that they may realize collection efforts would cost more than the actual money owed and not bother.

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Customer reply replied 7 months ago
even though they led me to believe that they did owe me the check that I cashed, based off the information they provided me, they have a right to take that money back from me even though I was just doing what they told me to do?

Unfortunately, yes. Courts will not see mistakes by one party as a valid reason not to seek repayment. I'm sorry I don't have a better answer for you. Do you have any more questions today?

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Customer reply replied 7 months ago
No I guess not, thank you for the help.

You are very welcome. I hope I’ve provided the information you were seeking. If you are happy with my service, your 3, 4, or 5 star rating at this time is most welcome. If you need more help, please let me know so I can continue to assist you.

Legal Expert Justin
Category: Consumer Protection Law
Satisfied Customers: 236
Experience: Attorney
Verified
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