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

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

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.