Consumer Protection Law

Consumer protection law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I recently purchased a car (in California) and the

Customer Question
Hi. I recently purchased...

Hi. I recently purchased a car (in California) and the dealership is unable to find financing and wants the car back. I know they have to give me my down payment back, but thats all. I’m wondering what my legal rights are. Like can i insist on getting a check immediately rather than having it mailed, can i try to refinance the car, I’m sure there’s a lot I haven’t thought of. I just need to know what to say when I take the car back and talk to them. Thank you!!

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: What steps have you taken so far?

Nothing, really. I received the letter and looked over the contract and that’s all

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

Nothing i can think of

Submitted: 2 months ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 5 hours by:
5/31/2018
Consumer Protection Lawyer: LegalGems, Lawyer replied 2 months ago
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,960
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: LegalGems, Lawyer replied 2 months ago

I am sorry to hear this;

after 10 days the dealer cannot undo the deal unless the buyer agrees.

Otherwise YoYo financing is legal in CA (though many other states have illegalized the practice. However there is some protection for limited situations such as California Civil Code Section 1750 et seq., which is the CA consumer protection statute, along with CA's B&P code 17200 et seq, the Unfair Competition Law.

So if a dealer knew the consumer would not be able to obtain financing (ie low credit score) and there was economic damage as a result, the consumer can sue.

Small claims is appropriate for cases under $10,000.

The statutes do not address the right to get reimbursed immediately- so normal business practices is normally permitted (ie issuing a check in the mail)

The consumer may try and secure alternate financing or secure a co-signor to help with the financing.

Also many consumers will request a letter of denial from the lender so there is proof that the dealer attempted to secure financing.

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: LegalGems, Lawyer replied 2 months ago

Hello;

just checking in on the above.

If you have no further questions kindly rate 5 stars if you feel I have earned it - there is no additional charge to do so.

Thank you and take care!

All information is for educational purposes only; to consult with a personal attorney that can provide legal advice based on the particulars of your case, please contact:

https://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html

Ask Your Own Consumer Protection Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a consumer protection lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,960
13,960 Satisfied Customers
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

7,125 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,436 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,679 satisfied customers

Attorney,17 years experience in consumer protection areas

P. Simmons

P. Simmons

Lawyer

1,227 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

604 satisfied customers

Licensed Texas General Practice Attorney

RobertJDFL

RobertJDFL

Lawyer

517 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Consumer Protection Law Questions
I'm asking a question for my 82 year old father. He may have
Hello. I'm asking a question for my 82 year old father. He may have signed a purchase agreement at a dealership in Tripp County, Winner SD for a pickup truck. He post dated a check then later canceled… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
I purchased a used car and it didn't even make it home.the
I purchased a used car and it didn't even make it home.the front brake was making scrapping noise and then froze up when I applied the brake. I had it towed to closest dealership for diagnostic tests.… read more
LegalGems
LegalGems
Lawyer
Juris Doctorate
13,960 satisfied customers
How does this service work and how much does it cost? I have a legal question that will n
How does this service work and how much does it cost? I have a legal question that will not fit in the size requirement of this box. In a nutshell - a friend of mine purchased a used car from a dealer… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
, my name is***** thought I purchased a car in Norman,
Hello, my name is***** thought I purchased a car in Norman, Oklahoma on Saturday. 2/28/15. I signed papers as normal and drove away. The dealership told me that I was approved and everything. When I g… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I went to car dealership and signed a purchase agreement with
I went to car dealership and signed a purchase agreement with a finance agreement which entailed a down payment. I never gave the down payment and returned the defective car within 48 hours.I do not h… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
Around 3 weeks ago I purchased a car Daughter for $5000.00
Around 3 weeks ago I purchased a car for my Daughter for $5000.00 cash from a used dealer, did all the paper work and received a bill of sale, he then told it would be around 3 week before I got the t… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I just signed a contract to purchase a brand new car this past
I just signed a contract to purchase a brand new car this past Saturday. Below are the events and my questions: 1. I live in Seattle (although from California) and purchased the car in San Francisco 2… read more
LegalGems
LegalGems
Lawyer
Juris Doctorate
13,960 satisfied customers
My nephew received a 10-day letter from a car dealership canceling
My nephew received a 10-day letter from a car dealership canceling the contract. So, he purchased another vehicle. He now wants to return the first vehicle, but the dealership is insisting he can't be… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Hi. I purchased a new car 3 days ago and have notified the
Hi. I purchased a new car 3 days ago and have notified the dealer that I do not have the down payment which was written into the contract. I thought we had the funds but have since realized we don't. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
Hello -- I currently live in the State of Washington, so
Hello -- I currently live in the State of Washington, so I am unsure of any of my legal rights in this process. I recently purchased a certified pre-owned vehicle from a dealership in Seattle. I trade… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I purchased a vehicle from a dealership in November 2010.
I purchased a vehicle from a dealership in November 2010. In the beginning there was some issues with the title and I couldn't purchase the car tag. After going back and forth between the DMV and the … read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
I was recently at Hall Automotive in Virginia Beach, VA,( last
I was recently at Hall Automotive in Virginia Beach, VA,( last Wednesday). I went into the dealership to purchase a used vehicle. Instead of the used vehicle I wanted to purchase, I was told that I co… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
Hi. On March 14th, 2011 I purchased a new car in California
Hi. On March 14th, 2011 I purchased a new car in California and understood that my loan was not yet approved and I understood the 10 days Sellers right to cancel. On march 25th the dealership contacte… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Went to a well establish ford dealership. They let us take
Went to a well establish ford dealership. They let us take the vehicle that same day and cashed our down payment 2 days later. It took them weeks to finance us. But when we went down there to sign pap… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Toyota-South bay (torrance, california) is unable to honor
Toyota-South bay (torrance, california) is unable to honor a signed contract for 0% financing toward a 2010 Toyota Tundra plus 2 years free maintanence service that I signed in California (4/14/10) be… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I purchased a vehicle from a used car dealership. I got approval
I purchased a vehicle from a used car dealership. I got approval from a finance company who bought the contract and paid the dealership. I had the car for seven days but I was unable to pay the downpa… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,125 satisfied customers
I have purchased a car and have had it for the last 5 months
I have purchased a car and have had it for the last 5 months . They have requested a co-signer. After the 5 month and own time payments., I own my own home. Can A Car Dealership take back a vehicle af… read more
LADY LAWYER
LADY LAWYER
Lawyer
Juris Doctor
748 satisfied customers
I purchased a car through Toyota approx two weeks ago and they
I purchased a car through Toyota approx two weeks ago and they are now telling me they cannot secure a lender for the vehicle purchase. I am concerned I will have to return the vehicle and that they w… read more
LADY LAWYER
LADY LAWYER
Lawyer
Juris Doctor
748 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x