Car Deal Fell Through, But Dealership Won't Return Trade-In

**nikkiweb** · 10-20-2005, 04:02 AM

Long story short, we had purchased a vehicle from small dealership, recd funding but lender took to long to fund dealer (come to find out they are known for this) and dealer took back vehicle, we would have brought it back had he asked, but we were told that funding was done and they would be paid, well in the meantime he put a transmission in our trade in and now wants us tp pay not only for that but also for use of the other vehicle , we have contracted lawyer but it takes time and we are without a second vehicle at the moment which I severly need for cancer treatment visits, since he took back the other vehicle he will not return calls and has not contacted us, the paperwork that we have from dealer states this:
"IF FOR ANY REASON purchaser does not qualify for financing and/or if the financial institution refuses to accept assignment, then this transaction shall be null and void, and all funds and any trade-in shall be returned to purchaser, subject however to adjustment as follows, ..that states that we are liable for excessive milage (none) and damage (none) I do not believe we are legally bound to pay for the transmission that he put in the vehicle as he did so at his own risk, just as if we had put a new engine or tires on the vehicle we were purchasing and he took it back we would be SOL, so is he, the vehicle in question that we gave as trade was paid off and he was selling for 8k on his lot, he gave us 5k for trade, I propose that he pay us the 5k value for trade in and he can sell the truck for his 8k if he so chooses, but we should be made whole just as he was, he took the other vehicle back on the 14th and it is now the 20th so for 6 days no contact from him and no return of our vehicle, I have keys so I believe we are in our right to go repo it from him, we are choosing to go thru legal means to resolve and I believe he is trying to stay away from legal matters as he doesnt want to spend anymore money on the deal then he feels he already has, while we wait do you have any thoughts as to our legal position, we are in Wa State
thanks

**Mr. Knowitall** · 10-20-2005, 11:22 AM

You may not think that the dealer is entitled to be compensated for the work performed on the trade-in, but the law is unlikely to see it that way. If you take the car, expect to see the police at your doorstep. Don't do anything without clearing it with your lawyer.

**nikkiweb** · 10-20-2005, 04:39 PM

Why would the dealer be entitled to payment on work done on trade in ? from us, we did not authorize it and from what we know it did not need it, we just had it at mechanics before trading in to get a "clean bill of health" if we had done work on the vehicle we were purchasing we would not be compensated, of course we will not go take the truck but what protection do consumers have? the dealerships own paperwork states that the trade in will be returned if for any reason the deal does not go thru, this is not a case of us saying we do not want the deal , but by no means should we have to pay for his mistake ? help

**Mr. Knowitall** · 10-20-2005, 11:16 PM

They weren't holding the car for you - you sold it to them. You titled it over to them. That made it their car. How in the world could you expect them to just sit with a multi-thousand dollar asset collecting dust in case your financing fell through? They have to fix it up and resell it to make their money back.

**nikkiweb** · 10-21-2005, 12:32 AM

That is all fine and good, but as the paperwork states , if the deal doesnt go thru they will return the trade in and we return the other vehicle and the transaction is null and void, that is all we are asking for, they recd their vehicle back now 8 days ago, my driveway is still bare and waitiing for my vehicle back, Our atty has sent him a certified letter so we will wait to see what he decides, fortunatly for us we have the income to pursue this and he doesnt want to put any more money into it, we are only requesting that he comply with his own paperwork that was signed at the time of deal

**Mr. Knowitall** · 10-21-2005, 10:35 PM

If you're right, I guess their mistake was trying to work with you instead of just cancelling the deal when you couldn't get credit.

**nikkiweb** · 10-22-2005, 01:12 AM

we did get credit , we did recieve financing, he will not accept the funding now from the lender, I am not a naive consumer, in fact have worked for a large Toyota dealership for 7 years doing the finances and titling, but I am only stating that I would just like the trade in back, that is not unreasonable,