QUESTION

If I put 1, 000 dollars down on abused car at a used dealership and didn't get financed am I liable to get my money back???

Asked on Oct 19th, 2012 on Business Law - Colorado
More details to this question:
Ok so I put a total of 1000 down on a 2004 pontiac didn't get it financed by the bank so as a alternative they gave me a 2000 Mitsubishi Galant and the engine was messed up and It would not pass emmIsIons so as another alternative they put me in a 99 dodge durango and the transmission wad messed up it wouldn't go overs 35 power steering wasn't working and also wouldn't pass emmsions so I got a cosigner got approved for a 2000 Volkswagen jetta but now we r waiting on the bank to get job confirmation for my co signer the bank has talked to his job and are just waiting for them to fax a paper over the dealership however is treating to take the car and keep my down payment leavening me with nothing can they do that and do I get any money back???
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2 ANSWERS

Construction Law Attorney serving Greenwood Village, CO at Cyrus Rajabi, Attorney at Law
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This will, of course, depend on what you have signed.   You likely signed an agreement which states the daily charge you will be assessed for use of the vehicle in the event the transaction is not consummated.  If this aggregate amount exceeds your deposit, you would likely not receive anything back, as it is appropriate that you are assessed for the time you were able to use the vehicle(s), provided the vehicle was functional.  If you were provided with a functional vehicle for only a short period of time, only those periods should be deducted from the deposit, unless the dealership has another basis under which to make a claim to the deposit (will depend on the agreements and the specific facts). However, it appears you had lots of problems with the various vehicles, so the dealership should work with you and should not charge you for periods of time you were provided with a vehicle that did not function. If the dealership is not being fair with you, or if the dealership is abusive, you should consider whether any of the dealership laws or regulations have been violated.  If you believe in good faith that a violation has occurred or may have occurred, you can reach out to the Colorado Auto Industry Division (the regulatory body for dealerships in Colorado) and speak with an investigator and, if appropriate, file a complaint against the dealership. Please note this response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies. I hope this information is helpful. Kind regards,   Cyrus Rajabi
Answered on Nov 19th, 2012 at 2:41 PM

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Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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The answer probably depends on what you signed, which you do not provide any details about. As a general matter, if you performed your end of the bargain (which it is not possible to tell from your inquiry), you should be entitled to a refund.
Answered on Oct 20th, 2012 at 11:57 AM

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