Legal Question in Real Estate Law in California

I Purchased a vehicle in Nov 2011. The day we drove off the lot with the vehicle we gave them a check in full for the car. The dealership sent in money to our bank to pay for our trade in. They made in over payment even though I told them several times it was too much. They never received their over payment back from the bank. So now they are saying our payment for the vehicle we purchased is incomplete and will not submit for registration. 6 months later now we still have no registration even though we paid for the vehicle we purchased. Is it legal to withhold our registration because of a problem between the dealership and the bank?


Asked on 4/10/12, 8:33 am

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

The problem isn't between the dealership and the bank. Sorry, but the bank is merely following the rules it must follow. The problem is between the dealership and you. If X makes an overpayment to Y by depositing too much money in Y's account at Bank Z, there is nothing Bank Z is permitted to do to correct X's mistake. The correction is up to Y. Banks don't make refunds without instructions from the account owner!

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Answered on 4/10/12, 9:01 am


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