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I had a car on layaway with a dealer, and was unable to complete the transaction. The dealer will not return my 1100 dollars.

Long Beach, CA |

I gave the dealer 500 dollars to hold the car. Shortly after that I gave him 600 dollars. Shortly after that I became unable to continue buying the car. I never took posession of the car, and there was nothing written on the receipt about me forefiting my money if the transaction did not go through. The dealer will not return my money. How can he force me to purchase a car I no longer need; or how can he kkep my money when I never took possession of the car?

Attorney Answers 2

Posted

Is there some written agreement about this transaction? The terms and conditions of the agreement should spell out your rights for any refund or partial refund here. Be aware that the seller held the car for you -- as against all other potential and ready buyers. It is unlikely that you are entitled to a full refund, but the details of the transaction and the provisions of the sales agreement will govern.

You may want to contact the Enforcement Division of the California Department of Motor Vehicles to determine the regulatory boundaries applicable to the dealer for this kind of transaction. The dealer must be licensed by that Department and that license is a tremendously valuable business asset. It is likely that the dealer will voluntarily comply with any DMV licensee regulations that limit the dealer's rights here.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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Posted

I did not see in your posting if there was a written contract containing the terms of your agreement or what the stated terms were, if any. Purchase usually requires written contract for goods of $500 or more. You should go to www.naca.net and find a lawyer in your area who handles automobile dealership fraud. If you delay too long, the dealer may try to take you to court and put you on the defensive on this, so I suggest that you act promptly to protect your rights.

Robert Stempler (please see DISCLAIMER below)
www.StopCollectionLawsuits.com

NOTICE: The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APLC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as Avvo.com, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Stempler that is confidential, please go to www.StopCollectionLawsuits.com and submit a free eCase Review.

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