Q: What can I do if a dealership lost my trade in?
I traded my car into a dealership back in Jan. After driving the new car for almost 3 weeks, the dealership could not find a bank to finance me. So I took the car back, the dealership did not return my other car (nor did I sign anything saying I would take it back). Now I have the bank who financed the original car calling me and asking for payments. The dealership is claiming they no longer have my car. There are more details but can't fit everything in here. This is just the cliff notes. Do I have any legal grounds to stand on?
A:
Under California law, you may have several legal avenues to explore if a dealership has lost your trade-in vehicle and is unable to return it. First, consider the issue of breach of contract. If the dealership agreed to take your car as a trade-in as part of the deal for a new car and failed to uphold their part of the agreement, especially if there was a written agreement regarding the trade-in, they could be in breach of contract.
Additionally, you could explore the possibility of fraud or misrepresentation, especially if the dealership knowingly misled you about the financing or the status of your trade-in vehicle. California's consumer protection laws, including those covering automotive sales and financing, provide for remedies in situations where consumers are misled or deceived.
It's advisable to gather all relevant documents, such as the contract for the new vehicle purchase, any communications with the dealership, and records of your trade-in agreement. Consulting with a legal professional experienced in consumer law or automotive cases can provide you with specific guidance based on the details of your situation. They can also advise you on the next steps, such as negotiating with the dealership, filing a complaint with the California Department of Consumer Affairs, or pursuing legal action to seek compensation for your losses.
A: Yes, you have legal grounds. search and consult with a consumer protection attorney familiar with auto fraud issues.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
