Can a car dealership legally keep your down payment if you have to return the car?

[MarkS]

I bought my used car in March. Since day one I have had problems. First the check engine light comes on, then the cooling fan goes out, then the radiator goes out, now the water pump is about to go out. I could only afford to replace the fan and I replaced the temp sensor.

I could afford the car when I bought it, but a little over a month after, my store was sold to a franchise. The owner has eliminated all manager overtime and this has cut my checks in half. At first he was just cutting hours and I had a choice of fixing the car or paying the payment and insurance. Now with my overtime gone, I have that choice of turning the car in or letting them reposes it. I am turning it in today.

What I want to know is if there is a way for me to get my $1300 down payment back or am I screwed? The way I figure it, they are getting that car back and can keep what I have already paid, but the car is all but undriveable. I cannot take it more than five mile before the engine get very hot and I do not have a thermostat on right now.

I bought it as is and understand that they are not responsable to fix it because of this, but they sold me a lemon. Do I have any recorse?

TIA,
Mark

[saltjunkie]

I had this happen to me, sort of, but i do not think that you are going to get you down payment back....

[Ltspd]

I know in NC we have a lemon law. You might want to check into this for Texas, most states address this problem. You may also look at small claims court as a means to get your money back.

[Ninong]

Originally posted by Ltspd

I know in NC we have a lemon law. You might want to check into this for Texas, most states address this problem.

Lemon laws apply to new cars only and provide certain remedies should the manufacturer not meet certain obligations it has to repair the car within a certain number of visits and/or time period.

You may also look at small claims court as a means to get your money back.

This would be a possibility if the vendor engaged in fraud or deceptive practices; the burden of proof is on the buyer. Federal law requires that all used cars be sold with a declaration affixed to the glass informing the potential buyer of any known defects and the extent of any warranty that is applicable. There will be two boxes on this form, one of which will be marked: [ ] With warranty (which will be spelled out in detail, such as balance of factory warranty), and [ ] Without warranty. Some late model used luxury cars may be sold with an extension of the manufacturer's warranty. Sometimes the vehicle will be out of factory warranty and, in some cases, the vendor may provide a brief warranty on the powertrain components (e.g., 30 days). In many instances you will see a notice that the vehicle is eligible for an extended service contract at additional charge. Some dealerships may even provide a short period of 3 to 5 days during which you can reverse the sale, no questions asked. This would be something that varies from dealership to dealership and is strictly a policy of the individual dealership.

Most new car dealerships will avoid selling cars "As Is" because of the headaches involving customer satisfaction and their reputation. Usually these used cars (the ones they don't want to keep) are wholesaled at auction to small used car vendors who specialize in this market. It is always a good idea to have a mechanic evaluate any used car that is out of factory warranty prior to purchase. I am sure that the implied warranties of merchantability vary from state to state, but if the federally mandated used car declaration was affixed to the vehicle at the time of sale notifying you of the fact that there was no warranty and that the vehicle was being sold "As Is" with all defects, you are out of luck.

Ninong

P.S. - "Turning the car in" will be reported to the credit reporting agencies as a "Voluntary Repossession." If they have to come get it, it is reported as an "Involuntary Repossession." Both have exactly the same effect on credit scoring systems.

[ronjon]

or u could have it stolen . provided it books for what u paid for the thing then u shouldn't take too big a hit.

[Ninong]

ronjon was joking, of course!

I know someone who had a brand new white Rolls Royce that he hated. He parked it in front of a 7-11 in east Oakland with the keys in the ignition. When he went back a couple of hours later to see if he could report it stolen, it was still there. Evidentally it looked too much like a setup.;;

Ninong

[icemark]

Is this car new or used?

If you are turning the car back in and not replacing it under a lemon law (not applicable if you bought the car used in 99% of the cases) or let the car be repo'd, you will not get any money back and may end up still owing additional money on the car.

Do not let the car be repo'd no matter how bad you want out of it. My ex-wife did this and her credit has been destroyed for 7+ years. You will not be able to buy another car or home with out a substantial down payment and huge interest rates.

I would talk to the finance company and see if there is something you can work out. Maybe extend the payments out longer so it is less of a burden.

Turning the car back in, or even worse, letting it be repo'd will show up very negatively on your credit.

You should also get the opinion of a lawyer in your area, before doing anything, as the legal ramifications can very from state to state.

[My9t]

I agree with Icemark as far as repo's. I don't know about Texas but in KY if you turn in (or have the car repo'ed) a car, the dealership has the right to sell the car for whatever they can get for it (read this as usually and auto auction) and you are still responsible for the balance of your contract minus what they sold the car for. Plus intrest on the unpaid balance.

David