Legal Question in Business Law in Oregon
Earnest Monies on a Car
I went to a little off the side of the road place that has their auto dealers license and found a car. I did not sign a single piece of paper on the car. The only thing that was signed was the paper work for the financing company not the dealer or the car. While I was waiting for a few days to see if--name removed--loan would be approved I put 250.00 down and they wrote--a receipt stating that if the financing company denied the application they would refund the money. Well when the guy from the car place went into the financing place he could not provide a bill of sale from the place he supposedly got the car from, could not provide a title, asboluetly nothing, he forged signatures and told them that i had the car in possesion. I never took the car or ever had the car. So the financing company denied the application. I went to get 250.00 back and now they say by law that they can keep it. I never signed a single piece of paper on the car. Can I get--name removed--money back and where would I find the information to prove to the guy he has to giveback all of the money?
1 Answer from Attorneys
Re: Earnest Monies on a Car
Yes, you can get your money back. The car dealer stole it.
You can a complaint against the dealer in Small Claims Court. See http://www.osbar.org/public/pamphlets/smallclaims for details.
The dealer will get notified about your lawsuit. He will probably give you back your money right then. If not, he has to show up in court.
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