Legal Question in Business Law in California

I bought a used car two months ago from a small local dealership. I had an initial down payment of 1500 dollars and a trade-in. The owner of the dealership wanted more money on the down payment so he gave me two weeks to come up with another 1,000 dollars. I was unable to come up with the money on the date promised, and the car was brought back to them after being towed for being illegally parked. They sold the car immeadiately. This occured within 5 days of my ptp date. Am i due a refund of my 1500 dollars or at least the return of the vehicle i traded-in?


Asked on 6/25/11, 5:12 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

What about the rest of the financing, beyond the down payment? Who had agreed to carry that, the dealer? You breached the sale agreement by failing to come up with the balance of the down payment, but the dealer's rights upon breach are limited by law, and I think it went too far. Look up stuff regarding the Rees-Levering Act. Remember, you are "in the wrong" for failing to complete your purchase obligations, but similarly the dealer is (I think) exceeding its legal rights by a too-snappy repo and sale.

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Answered on 6/25/11, 9:55 pm


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