Legal Question in Consumer Law in California

3/3 I bought a used car for $10k with $4k dwn.3/22 dealer lft msg w/employer for me to call him, I tried but was unsuccessful. 3/24 rcvd. a different contract from the finance co. That's it, no letter, and no requests for signature. New contract its for lower pymnt but higher price for car. On 4/8 two men show up at my door to take my car and stated the dealership reported it stolen.I recognized one as a salesman from the dealership and the other flashed a badge and handed me a card that stated he was from, "Fugitive Recovery & Investigative Services". Finance co. said the dealer canceled the loan. First the dealer claimed my payment was late but it was not, then he said he wanted his car back and proceeded to use obsessive foul language with me and calling me some pretty offensive names loud enough for those in the room to hear (including my children) and the phone was not a speaker phone. He is demanding full cash price for the car plus reposession fees and property damage fees for damage that was there when I bought the car. This damage was pointed out when I bought it, in fact, dealer even agreed to replace the broken mirror for me. Now he claims the damage was not there before. He sent me an email today stating that I have 15 days to pay $10k or he will sell the car and I will be responsible to pay any difference in this balance and what he actually sells the car for and I will not get my down payment back nor will I get the new tires or wheels that I put on the car back. Six days after my car was taken, my 1st car payment was credited back to my account. HELP!!! I know the law isn't perfect, but there's no way any of this can be legal. The dealer is the one who talked me into putting almost half down for this vehicle claiming it would make a big difference in my payments and finance options. Well, now he has the car and my $4k.


Asked on 4/23/10, 12:39 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I can think of several reasons to sue them. Watch out for legal time limits.

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Answered on 4/28/10, 12:47 pm


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