Los Angeles, CA asked in Stockbroker Fraud, Civil Litigation, Contracts and Consumer Law for California

Q: I recently financed rims, services through a store. Cancelled order. How do I get my money back?

I recently financed rims and services through a store. The store told me the rims wont fit my car so they cancelled the order. I asked them to cancel the rims and services completely, being that the rims I wanted would not work on my vehicle. I wanted to get a refund to pay the loan off completely because I did not recieve the product nor services. They told me that they could not do that because I financed the rims and services through them and the only way I could solve the situation is by going into their store and choosing different rims and services to equal the same amount of my loan. They said it would be hard to get out of the situation being that there is a no return policy and that I am bound to them because of the finance. I feel that this is all false and that they just want to keep the money. What can I do to get my money back to pay off the loan? I never received the product, services , or any receipt.

2 Lawyer Answers
William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: You'd have to have an attorney review the finance agreement for cancellation requirements. If there is no written agreement, then you can probably go straight to Small Claims court for breach of sales agreement. This is not a "return" situation since you are not in possession of goods to return. This is a cancellation of a sales agreement, or a finance agreement, due to failure to produce the agreed products. I believe that there is a requirement in CA that finance agreements have to be in writing to disclose the terms and conditions, but that would require some additional research. If there is such a requirement, and there is no writing, then the agreement is void or voidable and the money should be returned for that reason.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
Answered
  • Criminal Law Lawyer
  • San Jose, CA
  • Licensed in California

A: Have a lawyer review the terms of your contract and the surrounding facts related to the purchase. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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