Getting a Refund of Down Payment After Financing Fell Through

[sksn]

My question involves a consumer law issue in the State of: California

Hi there,

Last Thursday I signed a contract for a new car under a 60 mo. finance term, I did not drive off the car as the dealership said they needed to get approval from bank. I also gave them 2 personal checks as down payments
Over the weekend I got a call from the salesperson stating that the bank did not approve my finance, but would do a 30 mo. contract instated. I refused and told them I did not want the car.
Later I found out that my checks were cashed. And I talked to the finance director to resolve this issue. I told him I do not want this car and I want my down payments back today. He refused and said they would need 2 weeks to process this.
How would I be able to cancel this contract(eg in writing or hiring an attorney???) and get my down payments back? Clearly the dealership breach the contract by altering the finance terms, and they should never have deposited my checks without the bank approving my finance terms.

Please help me out. =(

[Mr. Knowitall]

You seem to be saying that they're willing to let you out, but that it will take two weeks to refund the down payment as part of their general check-writing cycle. Is that what you're saying? What does your written purchase agreement say about this type of circumstance?

There is nothing "clear" about their not being permitted to deposit your checks. Quite to the contrary, they would have needed to deposit those checks as part of the sale and would have wanted them to clear. You've given us no reason to believe that they were expecting that you would be ineligible for the financing. Your being ineligible for a particular loan is not a breach of the contract by a dealership, but it very often is a contingency that allows either of you to escape the contract.