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I bought a car Wednesday last week I didn't get the car til…

Customer Question
Good Morning I bought...

Good Morning I bought a car Wednesday last week I didn't get the car til friday i had to return the car Thursday this week and the car was sold yesterday

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

SC and its a 2011

Lawyer's Assistant: Has anything been filed or reported?

No ma"am i called the pd this am and they told me to go up there i don't have my refund i don't have any paperwork showing that i returned the car either an the car is still insured in my name

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

He told me verbally that he wouldn't sale the car for a month

Submitted: 4 months ago.Category: Legal
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Answered in 1 minute by:
3/10/2018
Lawyer: Loren, Attorney replied 4 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,825
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

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Lawyer: Loren, Attorney replied 4 months ago

Why did you have to return the car after you bought it? Was title transferred to your when you bought it?

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Customer reply replied 4 months ago
Hello
Lawyer: Loren, Attorney replied 4 months ago

Hello.

Why did you have to return the car after you bought it? Was title transferred to your when you bought it?

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Customer reply replied 4 months ago
No it was supposed to be financed...an a week later im told the finance company pulled out
Lawyer: Loren, Attorney replied 4 months ago

Have you demanded what ever you paid be refunded?

How much have you paid?

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Customer reply replied 4 months ago
I put down 2549. They explained it's an admin fee an rental fee they deducted
Lawyer: Loren, Attorney replied 4 months ago

Thank you for the additional information.

the forfeiture of your deposit is illegal. They are allowed to charge a reasonable fee for the use of the car and $2500 for the use of the car for a couple of days is clearly unreasonable and may even constitute consumer fraud.

File a CONSUMER COMPLAINT with the Dept of Consumer Affairs.

You should also file a lawsuit for the return of the money. If you prevail in a consumer fraud claim you may also be awarded punitive damages and your attorney fees.

Since the claim does not exceed $7500 you can file in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Customer reply replied 4 months ago
But all i have is a check for 275 no paperwork showing i returned the car or a denial from the finance company.
Lawyer: Loren, Attorney replied 4 months ago

How did you pay the deposit?

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Customer reply replied 4 months ago
I did some cash and the majority bal on my debit card
Lawyer: Loren, Attorney replied 4 months ago

You can prove the payment through your debit card.

So, you do have a record of the payment, and the sale is documented with the DMV and the dealership. It is a transaction which legally requires documentation.

Also, if there was a financing application, the bank will have records.

Contact the Dept of Consumer Affairs and also sue them. You are entitled to a refund.

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Customer reply replied 4 months ago
I have the bill of sale but nothing showing the return of the vehicle and now that he's sold the car or either financed someone else that car is in my name.
Lawyer: Loren, Attorney replied 4 months ago

It could not be sold or financed if still in your name. The title never changed if your financing never went through.

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Lawyer: Loren, Attorney replied 4 months ago
Are you still online with me?
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Customer reply replied 4 months ago
im sorry i called the dealership
Lawyer: Loren, Attorney replied 4 months ago
Did you have further questions? Have I answered your question? Please let me know.
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Lawyer: Loren, Attorney replied 4 months ago

Did you have further questions? Have I answered your question? Please let me know.

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Lawyer: Loren, Attorney replied 4 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you for using JA.

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