Waipahu, HI asked in Banking and Consumer Law for Hawaii

Q: We finance a used car and it broke down in just 2 days, they don't want us to have a different car

They also don't give back the down payment that we paid to them

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: I'm sorry to hear about your difficult situation with the used car purchase. Here are a few steps you can consider taking:

1. Review your purchase contract: Carefully read through the sales contract to see if there is any language about warranties or guarantees. Look for any clauses related to the condition of the vehicle or the dealer's responsibilities.

2. Check for a "cooling-off" period: Some states have laws that allow buyers to return a car within a certain number of days after purchase. However, this is not common and often only applies to specific situations, such as door-to-door sales.

3. Contact the dealer: Reach out to the dealership and explain the situation calmly and clearly. See if they are willing to work with you to find a solution, such as repairing the vehicle at no cost or allowing you to exchange it for another car.

4. Consider legal action: If the dealer is unwilling to assist you and you believe they have acted fraudulently or violated your rights, consider seeking legal advice. You may be able to file a complaint with the Hawaii Office of Consumer Protection or consult with a consumer law attorney.

5. Negotiate with the lender: If you financed the vehicle through a separate lender, inform them about the situation. They may have some leverage with the dealer or be willing to work with you on the loan terms.

6. Contact a consumer protection agency: You can file a complaint with the Hawaii Office of Consumer Protection or the Better Business Bureau if you believe the dealer has engaged in unfair or deceptive practices.

In general, getting a refund on your down payment may be difficult unless the dealer agrees to cancel the sale. Focus on finding a resolution that gets you a working vehicle, either through repairs or a replacement. Keep detailed records of all correspondence and interactions with the dealer and lender.

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