can a car dealer keep my down payment if they fail to get me financed?

I went to a car dealer to buy a car the told me they had gotten me approved, the gave me the car with a 30 day temporary tag . they gave me the name of the bank they said financed me ,the amount of my payment, and a warrenty and gap insurance. Now 30 days later I havent gotten anything in the mail from the bank,so I called them and they told me that they had no record of my account.I contacted the dealer and they told me to come in and talk to them.they told me that they ad not gotten me financed then they ask me for more money down,and a cosigner. I told them i dnt have either. then i gave them their car back and ask for my down payment back they told me that they were gonna keep it to cover the time i had the car. B.S.

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  • ?
    Lv 5
    1 decade ago
    Best Answer

    file a small claim against them for the amount of the downpayment,your time,and the cost to file the claim

  • 1 decade ago

    Car Purchase (from a dealer)

    If you buy a car from a motor dealer you enter into a legally binding contract governed by the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002). When you buy from a motor trader you have the right to expect the car to be:

    of satisfactory quality;

    fit for its purpose, including any special purpose made known to the seller;

    as described.

    If you have bought a car from a trader which turns out to be faulty or which you think has been misdescribed (in this cae the mis despcrition relates to finance), you need to take action straight away.

    The Sale of Goods Act 1979 and the Consumer Credit Act 1974 say that, if you can show the goods to be faulty or misdescribed, you have 'for a short time after purchase' a right to reject the goods and get a refund of the purchase price.

    You should contact Consumer Direct for advice: www.consumerdirect.gov.uk. Telephone: 08454 04 05 06.

    You may also want to contact Trading Standards for further advice: www.tradingstandards.gov.uk

    If Consumer Direct or Trading Standards advise you that you have a strong case, you may need legal advice. For legal advice, you should start with the Citizens Advice Bureau: www.citizensadvice.org.uk.

    Source(s): www.usedcarexpert.co.k
  • 1 decade ago

    They can not charge you for anything that you didn't agree to. You should sue them for fraud. Small claims court doesn't require a lawyer. In fact neither party is allowed to be represented by a lawyer in small claims court. I am sure that they would rather return your down payment instead of going to court unless the above isn't the whole story.

  • Anonymous
    1 decade ago

    If you play your cards right, you may own the dealership!!!

    This is totally illegal and you have a solid case against them.....lawyers hate car dealers and will do what it takes to put them in the dirt!!

    The same ting happened to a friend of mine and she wound up with a brand new car and $50 thousand dollars to boot!!

    Good luck!

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  • 1 decade ago

    Nice little racket they got going on. This is illegal in Illinois for sure. Check with legal council.

  • Anonymous
    1 decade ago

    It's not your problem that they let you take the car before they had financing in place. They owe you your deposit back.

  • 4 years ago

    ask Judge Judy

  • 1 decade ago

    they fell through on there end not you you sould get your money back but all states very on there laws so check and see

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