Carlsbad, CA asked in Consumer Law and Contracts for California

Q: I deposited cash into a used car dealership account for a car BUT DID NOT TAKE DELIVERY NOR SIGNED ANY DOCUMENTS

now I want to cancel for a full refund

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3 Lawyer Answers
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In this situation, the ability to obtain a full refund depends on the terms of the agreement with the dealership, even if you haven't signed any documents. Verbal agreements or deposits can sometimes create binding commitments, but this varies based on the specifics of the transaction and the policies of the dealership.

If no contract was signed and the dealership has not provided any services or products (like the car), you may have a stronger case for a refund. It's advisable to approach the dealership directly and request a refund, explaining your decision to cancel the purchase.

If the dealership refuses to refund the deposit, consider reviewing any receipts or proofs of the transaction for terms regarding refunds. If there are no clear terms and the dealership is uncooperative, seeking legal advice may be necessary to understand your rights and the next steps to take in your jurisdiction. Remember, the laws and regulations can vary significantly, and a professional can provide guidance tailored to your specific situation.

Leon Bayer
Leon Bayer
Answered
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: It sounds to me like you bought a car, on a layaway plan.

Have a lawyer look at the contract, and explain what your rights are.

Scott Richard Kaufman
Scott Richard Kaufman
Answered
  • Consumer Law Lawyer
  • Los Altos, CA
  • Licensed in California

A: Like all things 'legal' the answer is a definite maybe. IF the seller is a state licensed dealer, they can get into serious trouble by skirting rules required to be followed in selling an automobile in CA. IF it is a private party you have other issues that may come up. Good luck with it...

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