Legal Question in Credit and Debt Law in California

I placed my RV on consignment at a RV store in Burbank. They contacted me and sold the RV to a buyer December. Since then, we have been waiting for the payoff to reach the bank. It has never been paid off by the dealer and now we are looking at late fees and credit report hits because payments are about to be late and and it's still not paid off.

We contacted the dealer many times and they told us that they released the RV to the new buyer without the buyer having full financing for total price of the RV. They said the new buyer made a sizeable down payment and that they were confident about the buyer getting financed soon. The problem is, I dont think they had the right to release my RV to the new buyer without obtaining the full amount of the cost first. Now, they keep telling us that the buyer will be getting financing soon and that they will send in payments for the RV so we dont take the credit hit. They have told us that twice and still have not made a payment on our behalf. We also to to pay for insurance for the RV because we cannot cancel it until its paid off. All the while, we sent the dealer a check for $3000 for the difference between the sale price and what we actually owed. They have been holding that money that belongs to us without making the payoff.

I checked all of our contracts and it says that they were supposed to have it paid off within 20 days of the sale and that they were not supposed to guve the RV to the new owner without payment for it. Its been two months now and were still having problems with the dealer. Should I get an attorney at this point and advise the dealership that they are going to be sued????

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