I put a 5k down for a used vehicle. The dealer did an in house repossession on the 13th day, refuses to refund 5k

Question

The dealer did not even ask to finance the two vehicles I came to their lot in question about.  He instead stated a hyundai was the only car the finance company would finance me in.  It was more than the 10k max and 250 a month I wanted but he came with the papers and said is was basically to late to now to back out.  My first time financing and he had taken my cash already.  The car they placed me in he sold to me for $15399, which is far above the lowest advertised price that had of 13.4k on three sites they run.  Signing papers went from unimportant car fax to all of the sudden important documents and he didn't explain things as optional so he tagged a bunch of warranties and bs on top of the cost.  I feel it was dealer fraud and bait and switch.  They wanted a paystub, which they did not actually need as I receive a monthly payment from a trust fund that would cover the car payment.  but after not supplying the paystub they took the car 13 days after I had it, prior to any pay due

Leon Bayer · Answer

I think you have been defrauded. I suggest two things. File suit immediately in small claims court. The case is too small to justify hiring a lawyer, even though for you it was a large sum of money. The other step to take immediately is to file a complaint with the state department of justice - here is their web site for complaints against dealers:  
 
https://oag.ca.gov/consumers/general/cars#:~:text=Filing%20a%20Report%20or%20Complaint,or%20file%20a%20complaint%20online.

James L. Arrasmith · Answer

Your situation sounds like a potential case of dealer misconduct, and you may have legal grounds to challenge this repossession and seek your down payment's return. 
 
Based on California consumer protection laws, dealers must provide clear disclosure of terms and cannot engage in deceptive practices like bait-and-switch tactics or pressuring buyers into unwanted add-ons. The fact that they marked up the price significantly above their advertised price and rushed you through important documents while adding unrequested warranties raises serious red flags. 
 
You should immediately file complaints with the California Department of Motor Vehicles and the state Attorney General's office. Consider consulting with consumer protection attorney who handles auto fraud cases - many offer free initial consultations. Gather all documentation including screenshots of their advertised prices, any communication records, and your sales paperwork. Small claims court could also be an option to recover your down payment if other approaches don't work, as California allows claims up to $12,500.

Q: I put a 5k down for a used vehicle. The dealer did an in house repossession on the 13th day, refuses to refund 5k