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  1. #1
    Join Date
    Jul 2011
    Posts
    2

    Default Car Deal Gone Bad

    My question involves a consumer law issue in the State of: Florida
    Hello,
    I was about to buy a car today from a used car dealer, I gave him a down payment but he needed some documents before the car could be fully purchased. He also kept the title of a car I was going to trade in...
    However, I did not have the documents at home (theyre missing somewhere) and I do not want to buy the car (found out that the dealer has scammed MANY people).
    The dealer refuses to give me back my down payment and says he'll give my title back Monday....(THIS IS THE PROBLEM)
    1. Can I get my down payment back?
    2. Can he legally keep my title? There was no exchange of cars made today
    3. What legal action can I take? I'm losing my mind over the fact that he has the title for my car.
    Thanks

    Edit: The deal could never be finalized (cause of the documents he needed-proof of insurance, utility bill, my bankruptcy discharge paper, and a reference list sheet he gave me...said he couldn't give me the car till he had those).

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    92,844

    Default Re: Car Deal Gone Bad

    Did you sign a contract of any sort? If so, what does it say about your recovering your down payment?

    Apparently he has said that he's returning the title for your trade-in, so that does not appear to be an issue.

  3. #3
    Join Date
    Jul 2011
    Posts
    2

    Default Re: Car Deal Gone Bad

    Quote Quoting Mr. Knowitall
    View Post
    Did you sign a contract of any sort? If so, what does it say about your recovering your down payment?

    Apparently he has said that he's returning the title for your trade-in, so that does not appear to be an issue.
    No I didn't sign any contracts of any sort.
    The only thing I'm worried about is what the guy can do if he has my title...the guy seemed very shady/sketchy from the start...the moment we got there the first thing he said was "let's get papers started then we go for test drive." Him and one of the other workers were very reluctant to get rid of their cars and would not stop hounding you until you started paperwork (let's just say I was pressured by parents to buy the car).
    Can he do anything (i.e legal wise on his part) with the title (by this I mean, can he hire an attorney and claim that the trade-in car is his since he is in possession of the title?)
    I am not in any error (since I can't provide the last bit of information he needs to complete this transaction)
    If he still refuses to give my down payment back, should I call my bank and have the check stopped after I have my title?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    92,844

    Default Re: Car Deal Gone Bad

    If he has nothing that indicates a completed car sale or trade-in, no contractual right to keep any deposit, and otherwise intends to unravel the deal, he should return your deposit along with the title. If he does not, your remedy is to sue him.

  5. #5
    Join Date
    Aug 2011
    Posts
    2

    Default Re: Car Deal Gone Bad

    As long as you didnt sign the title over to the dealer, you can go to the title agency and get a duplicate title, making the one the dealer has invalid.

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