Legal Question in Consumer Law in Pennsylvania

getting a down payment back from auto dealer

My husband signed a buyer's agreement with a salesperson and gave him a postdated check to hold in case financing was approved. The dealership insisted that my name be on the loan also.When we went in, they wanted 3,000 more down, which we didn't have. The finance person tried to talk us into working out something with the dealership where they would put in some of it. We did not want to do this and in fact became angry (it was the way their fin guy was explaining everything) and asked for our check back. He instead called in an office manager, who also would not give us back our check because he wanted to talk to the general manager to work out a deal. We walked out. They cashed our check 2 days early . it would have bounced except I noticed it pending and borrowed money from my parents so i wouldn't get fees (as I had 3 other items pending). I called and complained and said we wanted our money back and he was very rude and said that my husband had to come in and talk to him first and to get the money. My husband was very angry and doesn't want to go there. I believe we have a legal right to not go through with the financing that they offered and they should refund the money without us having to go up there. What is our recourse?


Asked on 1/16/09, 8:40 am

1 Answer from Attorneys

Re: getting a down payment back from auto dealer

You should probably see an attorney, to get help based upon ALL the facts, but generally, these people are scum, don't talk with them again - I'd swear out a theft by deception complaint with the local police (if they say it is a civil matter, not criminal, INSIST they take your complaint - ask for the officer in charge, and if they still refuse, call the mayor, and county prosecutor - it is their duty to discourage this kind of behavior!!!), call the better business bureau, and file a small claims complaint to get your money back. Don't talk to them - ACT, and document EVERYTHING - names, times, put everything in writing, confirm everything in writing!

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Answered on 1/16/09, 11:36 am


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