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  1. #1
    Join Date
    Mar 2012
    Posts
    4

    Exclamation Car Dealership Not Giving Back Deposit

    My question involves a consumer law issue in the State of: Minnesota, my question is that I went and seen a car I liked put a down payment of $2,000. A month later they call and say they need the car back because I could not get financed. I gave the car back they told me the next week they will give me my check it's been 2 weeks I called them today aNd they said they are figuring out how much they are going to give back since I took it for a month??? Can they do this? This is the second car they have me by the way the first one they said was mine and I gave it back the second one same thing. Is this a scam they pull because I'm a single young mom? I also signed for both cars!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Not Giving Back Deposit

    They can claim the reasonable value of your use of the car over the course of the month you drove it. I expect that's spelled out in your contract.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Not Giving Back Deposit

    Yes, what the the contract(s) say .. they control ... if they are silent then you owe them nothing -- its the risk they take if the contract is mute on the subject.

  4. #4
    Join Date
    Mar 2012
    Posts
    4

    Default Re: Car Dealership Not Giving Back Deposit

    Well I looked at it was exactly 15 days that I had the car. They made a contract saying that they will give me the money back the following week? does that make a difference or no?

  5. #5
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Car Dealership Not Giving Back Deposit

    What does the original contract state about the use of the vehicle?

    Do you have any subsequent promises in writing?

  6. #6
    Join Date
    Mar 2012
    Posts
    4

    Default Re: Car Dealership Not Giving Back Deposit

    It doesn't say anything about the use of the vehicle. And yeah they signed a paper that I will get my money the following week and I never received anything.

    As a matter of fact the contact says I put 3,000 down. I only put 2,000 down though.

  7. #7
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Car Dealership Not Giving Back Deposit

    Quote Quoting bolugo
    View Post
    It doesn't say anything about the use of the vehicle. And yeah they signed a paper that I will get my money the following week and I never received anything.

    As a matter of fact the contact says I put 3,000 down. I only put 2,000 down though.

    And I assume that there is a financing clause saying, basically, that no financing = no dea
    l. The, according to what you stated here, you are owed $2000. They let you take the car w/o any conditions. The car was kept in "their" name, not transferred I assume.

    They owe you 2K. What will you get? Likely 2K..maybe not. You currently have no damages yet ... they should return your $$ promptly (if the terms are not detailed in the contract as to a time limit) but "promptly" means quickly under the circumstances. I would say w/i 2 weeks.

    I would WRITE them a letter & hand deliver it --- asking for the 2K back. Give them 3 business days for a check to be issued and delivered (or to be picked up). No response? Call your attorney general's office .. they can handle these things for nothing.

  8. #8
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Car Dealership Not Giving Back Deposit

    I suggest you stop trying to purchase a vehicle beyond your budget. Repeating this process will cost you all your money and you still won't have a vehicle.

  9. #9
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Car Dealership Not Giving Back Deposit

    I suggest send a certified letter to the dealership stating that you expect complete reciept of your total down payment no later than 10 business after getting the letter.

    If they fail to do that or provide a partial refund, you should file a civil suit in the local small claims court. You should argue that the down payment was for the ownership of the vehicle and in the absense of any language in the contract to the contrary, the use of the vehicle prior to financial security was a loan of the vehicle. Explain that the dealer never made mention of any of the payment being used or applied to the lease of the vehicle, but to sole ownership and the monies are not transferrable without your approval. In addition, the dealership waived any claim to the money when they promised a full refund which was not provided.

  10. #10
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Car Dealership Not Giving Back Deposit

    That won't fly in court, but I guess the theory is "if you don't ask, you won't get"?

    The contract is being rescinded due to bolugo's inability to secure financing, whether through the dealership or on her own initiative. Rescission is about restoring the parties to their original condition, not about giving a party a windfall. The car was driven for fifteen days, those miles aren't coming off of the car, and the dealer is entitled to be compensated for the resulting impact on the value of the vehicle.

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