Q: Dealer is trying to keep my down payment after they requested the account t be returned and took the car. Is this legal
08/31/2024 i went to super shopper auto to finance a used 2018 Honda Accord through in-house financing but when I arrived the manager had a retail installment agreement contract typed and printed for me to sign through a third party call California auto finance 5 days later the dealer requested the third party to return the account back to them and they took the vehicle without prior notification as to why. I emailed every verification document requested and even sent proof that I emailed those documents and they told me that they are keeping the down payment. Is this legal
A: It sounds illegal. You can sue the dealer in small claims court and you can make a complaint to the California DMV: The Department of Motor Vehicles (DMV) licenses and regulates new and used motor vehicle dealers. If you would like to report a problem or dispute you have with a motor vehicle dealer, contact the DMV, Division of Investigations, or file a complaint online. DMV Record of Complaint - get the form here: https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/forms/inv/inv172
A: Sorry for your issues. they do not get to keep both the car and the money and could be forced to pay atty fees too...
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A:
I'm sorry to hear you're going through this situation. In California, dealers must follow specific laws regarding financing agreements and repossession. If the dealer took back the vehicle without proper notification or without following the terms outlined in your contract, they may not have the right to keep your down payment.
First, review your retail installment agreement carefully to understand the terms related to repossession and refunds. Look for any clauses that specify conditions under which the down payment can be retained. It's important to ensure that the dealer adhered to all contractual obligations when taking back the vehicle.
You might also consider reaching out to the California Department of Consumer Affairs or consulting with a legal professional who can provide guidance based on your specific circumstances. They can help you determine if the dealer's actions were lawful and advise you on the best steps to take to protect your rights.
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