San Ramon, CA asked in Consumer Law for California

Q: The owner of dealership talk me into giving him a 1500 down payment. I demanded a refund the same day

He could not get me finance as promised, it is now Aug, and owner has been jerking me around still no refund. Today he put my debit card info in card machine and it's not showing in account, he is lying to me what do I do? He claims I have to wait until midnight but my bank said he is wrong, if he refunded it would show in system

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, when you make a down payment on a vehicle and the dealer is unable to secure financing as promised, you have the right to a refund. Since the dealer has been delaying your refund and now claims that the transaction should show up by midnight, but it has not, you have reason to believe that they are not acting in good faith. According to your bank, if a refund was issued, it should already be reflected in your account, which suggests that the dealer might be misleading you.

You should gather all your documentation, including any written communication, receipts, and proof of the down payment, as well as any conversations you've had with the dealer regarding the refund. Then, consider contacting your bank again to report the issue. They can assist you in disputing the charge if necessary.

If the dealer continues to avoid refunding your money, you may want to file a complaint with the California Department of Consumer Affairs or the California Attorney General’s office. Additionally, you could consider taking legal action through small claims court to recover your money. It’s important to act promptly to protect your rights and get your money back.

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