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I purchased a car in Arizona with a 4.25 percent interest…

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I purchased a car...

I purchased a car in Arizona with a 4.25 percent interest rate. I am staying in vegas, sent then my income and credit info, etc. Flew there and signed the deal and drove the car back. 10 days or so later the dealer calls me and says that they couldn't get that deal squared away but that they found aanother finance company to finance at the same rate but at a one year shorter loan term, which I agreed to over the phone. Fast forward a couple of days and I get the new contract and it's 8.75 percent! I promptly call the dealer and tell them that there is no way I am financing a vehicle at that rate and that I'll be returning the car. Due to the holidays I tell them that (being a*****away and me working essentially every day and being in the middle of the holidays) that I would drive the car back first thing after the new year. Get angry and threatening call from dealer saying that I have to have the car back on the 26th or "else." I out of frustration with this dishonest deal said fine, I'll have the car back the 26th (much to my personal inconvenience, requires me to call off of work and buy a plane ticket since I won't have someone to drive me back that day). He then tells me when I get there he will review the car and mileage anand determine how much of my down payment I'll get back. I feel like this is theft, I already spent nearly 300 dollars on the first plane ticket, many hour of flying and driving back home, only to be more to about the financing arrangement. Is this legal to withhold a down payment? The car of course has a few more miles than when I left the dealer but is in the same exact condition.

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

It is a 2004, and in Arizona.

Lawyer's Assistant: Have you contacted the manufacturer?

What?

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

No, the first paragraph is enough info to start.

Submitted: 6 months ago.Category: Consumer Protection Law
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Answered in 1 hour by:
12/24/2017
Consumer Protection Lawyer: Lori, Attorney replied 6 months ago
Lori
Lori, Attorney
Category: Consumer Protection Law
Satisfied Customers: 2,104
Experience: Attorney with over 25 years experience
Verified

Hello. Let me see if I can assist. Sounds like you took delivery of the car in what is called a "spot delivery." Dealers often allow a buyer to take possession of a car they intend to purchase when the financing or other condition has not been completed. This situation should be addressed in the buyer' order (purchase contract). If the financing condition is not met, the buyer's order should have a clause that provides for the return of the car and the costs associated for your use of the vehicle (such as in your case). the dealer is allowed to charge a reasonable mileage rate for the use of the vehicle. Since there is no damage, the dealer should not be charging for any wear and tear. The dealer is likely allowed to apply the down payment for these charges. Please check your buyer's order.

Hope that helps. If so, a positive rating would be appreciated.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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