Legal Question in Consumer Law in California

I bought a used car last Feb.16, 2011 in small dealership in El Monte ,Ca. I signed the contract and put down $700 which i only paid half of their asking for. But they gave me time to come up with the rest of the money, and they said when the financing ask me if how much i put down to say $1500. So i guess for the dealer to close our deal. Couple of days after that they said they needed to verify my employment which i gave them my work number and my boss even verified for me and they also wanted to go to my jobsite which they were welcome to come but they never showed up. Also i was having problems with the van i bought from them so i took back more than couple of times to finally get fixed. But on the last time i brought the van to them i noticed all my paper works for the car and receipt was gone and they said that they took it out of the glove compartment to detail the van.On March 15 the dealer told me that there is no more problem with the financing they wont verify my employment anymore, but he said to come down to the dealership if i have the partial payment for the down payment. I didnt show up or answered their call i know what its for. last friday March 18 they reposses my van and they said it was for a late payment of the van.I was never told or receive any bill due for the van.Because they also said that i have 55 days from i purchased the van to make my first payment. they took my van and they said that i didnt show up to the dealership to make the first payment.The dealership is saying thats the reason they took the van so i called the financing to get my down payment from them they said they never got my down payment and they said they wont approve my loan. Thats after we signed the contract from the beginning. So i called the dealership to get my down payment they said that i owe them money for the repossesion and the first payment. Can you please help me out this van is very important for my work. All i want is either to give me my money back or continue with the contract. Please call me or email me. My number is 2133815953


Asked on 3/24/11, 9:44 am

1 Answer from Attorneys
Christine McCall License Advocates Law Group

The fact pattern here is way too complicated for resolution or even constructive suggestions here in this format. My best suggestion is that you contact the Department of Motor Vehicles and the Bureau of Security of Investigative Services, both California State regulatory authorities of licensed occupations.

DMV licenses vehicles sales and dealers and they have a professional and skilled investigative staff who can take your complaint and look into it. If they concur that the conduct of the dealer was wrong, they have extensive powers to issue corrective orders and to implement harsh penalties against the dealer, including shutting him down. Most dealers will jump through hoops to avoid a DMV license investigation, so you may want to let the dealer know that is your next step if no acceptable resolution can be directly achieved.

BSIS regulates auto repossessions. Again, the BSIS can accept your complaint and investigate the matter. They have the same powers as the DMV to compel corrections and to penalize misconduct by their licensee if they agree with your complaint.

Neither agency requires you to retain the assistance of an attorney, and the complaint processes are without charge to you. These are not instant or quick remedies, however. California's budget crisis has forced a slow-down in many State services. But these agencies have the power to assist you and often just the threat of a complaint and investigation is enough to break the impasse with the licensed entity.

Both agencies can be accessed through the Internet.

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Answered on 3/27/11, 10:13 am


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