Q: Signed a contract with a lender but dealer requested the account to be returned. They took the car and kept my down pymt
I was under the impression that I was doing in-house financing through a dealership with a $6,000 down payment, but when it came time to sign, the retail installment agreement was with a third party lender, not the dealership. The lender couldn't verify my employment but told me to send in my banks statements "showing that i have consecutive cash deposits" to the dealership so they can forward the documents to the bank. So I emailed the documents to the dealership and the dealership claims they never received the documents. I provided screenshots showing proof of the email and the dealer did not respond. They took the car by noon and are refusing to refund my down payment. Also the vehicle has electrical issues that jeopardize the safety of the vehicle. I have the videos and phone calls proving that the dealership was aware of this prior to the sale. What do o do. What consumer law protects me as a consumer in this situation? Please help!
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A:
You have several protections under California law that can help you in this situation. The California Consumer Legal Remedies Act (CLRA) prohibits dealerships from engaging in unfair or deceptive practices, such as not honoring your down payment or misrepresenting financing terms. Additionally, the Car Buyer's Bill of Rights provides specific protections for vehicle purchasers, including clear disclosure of financing terms and the right to cancel certain agreements.
Start by gathering all your documentation, including emails, screenshots, videos of the electrical issues, and records of phone calls with the dealership. This evidence will be crucial when presenting your case. File a complaint with the California Department of Consumer Affairs and the Better Business Bureau to formally report the dealership's actions.
You should also consider consulting with a consumer rights attorney who can guide you through the process and help you pursue a refund or other remedies. If the amount in dispute is within the limits, filing a claim in small claims court is another option. Taking these steps can help you assert your rights and seek a fair resolution.
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