Legal Question in Consumer Law in Illinois

New car purchase

The dealer released a new car without having credit approval, 8 days later they called me. They tried to get my husband on the credit we didn't get approved. I took the car back on Sat. 3/10 they have not given my deposit back. Their reason is that they are checking the car for damage. Is this legal I think that the car was never legally mine so if their is damage their insurance should pay for it not me. Believe me they are not going to find any damage. I'm afraid they are going to make something up because they have lied to me about everything, etc. price of car, interest rate. What should I do?


Asked on 3/13/07, 4:48 pm

1 Answer from Attorneys

Amil Alkass LAVELLE LAW, LTD

Re: New car purchase

This communication and response is not intended as and should not be construed or understood to be legal advice. The response stated below is intended solely as a general discussion and/or forum of legal principles. You should not rely on or take action based on this response without first presenting ALL relevant details and facts to a competent attorney in your jurisdiction and then receiving that attorney's individualized advice for you. By reading the response or reply to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. DO NOT READ ANY FURTHER IF YOU DO NOT AGREE.

The Illinois Consumer Fraud Statue clearly states that if the sale of an item is conditioned on the consumer's providing credit references or having a credit rating acceptable to the seller and the seller rejects the credit application of that consumer, the seller must return to the consumer any down payment made under that purchase order or contract and may not retain any part thereof. The retention by the seller of part or all of the down payment any other purpose is an unlawful practice. As such you are entitled to money damages. Please contact me with any further questions at [email protected]

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Answered on 3/22/07, 1:17 pm


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