Legal Question in Credit and Debt Law in California
Car dealer sold me a car he did not own
I bought a car from a dealer in April. The car was on consignment from original owner. I received a loan and dealer was paid by my loan company for the car. The original owner apparently didn't receive the amount he desired from my dealer and refused to pay my dealer's consignment charges. Original owner had an outstanding loan with his own bank for this car. Bitter original owner had his bank repo the car from my driveway. I went to my dealer and found out that they never sent payment to original owner or original bank. My dealer says they will find an identical or better vehicle for the same loan price that I have already secured, within in month or so; and in the meantime, supply me with a loaner. I will continue to make loan payments and insurance for this car.
My questions: 1.Can I demand the money my loan company paid to dealer and buy from someone else? 2.Do I have to settle for any car they find that is similar? 3.Do I have leverage enough to ask for a higher priced car, because of all the hassle? 4.Should I take a loaner of greater value,in case they stick me with that car? 5.If they find a car of lesser value, do they owe me money? 6.Do I have a legal case?
1 Answer from Attorneys
Re: Car dealer sold me a car he did not own
Yes. The dealer has breached the contract they had with you. Also the loan I assume was secured by the car you bought which is no longer around. You should probabaly hire a lawyer. You can work on this yourself by refusing to pay the loan as both the contract with your lender and the sales contract for the car have suffered a material breach. You bargained for a car you never got. Be sure to keep good documentation of all the events and conversations.
Feeel free to contact me with any other questions.
Martin
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