Legal Question in Business Law in Arizona

Unauthorized Payment

I recently returned a vehicle to a dealership and received my down payment back a few days later, however the dealership gave me double of which I gave. Can a dealership simply take the money back without notice, or can I even cancel the payment?


Asked on 3/12/09, 1:50 pm

2 Answers from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: Unauthorized Payment

It is not clear what you are trying to accomplish. It is very nice that the dealership gave you your money back. The fact that they made a mistake and gave you too much refund, should not be abused. I would make sure that their payment to you has cleared your account, and then talk to the general manager of the dealership and arrange to return the overpayment.

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Answered on 3/12/09, 2:05 pm
Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

Re: Unauthorized Payment

It's different to hear of someone taking advantage of a car dealership, rather than the other way around. If the payment was made through an electronic transaction on a credit card, they may very well dispute it through the card company once it has been discovered, and "take the money back" from your card. Otherwise, they may need to file suit to get it back. Scher gives the best advice: give the money back.

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Answered on 3/12/09, 5:44 pm


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