Legal Question in Real Estate Law in California
I put a $1000 deposit for a car I bought, the dealer made the contract and said they would finance me, but the finance company did not end up financing me because of my income, so they asked for the car back and now will not give me my deposit. Am I entitled to my deposit since they asked for the car back and could not finance me?
1 Answer from Attorneys
First, cars are not "real estate or real property," they are personal property, so this is not the right topic under which to ask your question. You may want to re-ask under another LawGuru topic heading which might get you more and better answers. Nevertheless;
I believe many new-car finance issues are covered by a set of related statutes known as the Rees-Levering Automobile Sales Finance Act. You might want to use this name in any future discussions with the seller. It is part of California's Civil Code, found at sections 2981 through 2984.6, about ten pages of very fine print.
One possibly relevant part of the law is Civil Code section 2982.7(a), which says " Any payment made by a buyer to a seller pending execution of a conditional sales contract shall be refunded to the buyer in the event the conditional sales contract is not executed."
Whether this applies to your situation is difficult to say without more facts. Further, your rights probably depend upon your own conduct in making the credit application. If you misrepresented your income, the law likely would reat you less favorably than if your application were 100% accurate.