Legal Question in Business Law in Virginia

I was going to purchase a car from a used car dealer but when It came to the contract I was charged more than the advertised price on there website. I found this out when In got home to do a car fax because the car sounded as if it was in an accident and they said it was not. When I asked after the test drive. I gave them a down payment I turned the car back in after finding that they were going to over charge me and feeling that the dealership was not honest with me about the condition of the car. The dealship said they would not return my downpayment. I was told there was a restocking fee. I never say any paperwork that said there was a restocking fee or that the downpayment was non refundable. But is the false advertising not cause enough fro breach of contract?

Asked on 12/17/10, 4:53 pm

3 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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Without going into the issue of "false advertising", you could certainly say

in your lawsuit for the return of your down payment that you were charged more than the advertised price for the vehicle and that you never heard nor saw anything in writing from this dealership that indicated that your down payment would not be refundable under the particular circumstances of your situation as described or that an alleged "restocking fee" might also be assessed against you. (Unlike smaller retail items which are returned to the store by their purchasers, as a commercial practice, cars are not normally considered amenable to restocking, i.e., being put back on the store's shelves for sale----as far as I am aware.)

You might also make reference to your "feeling that the dealership was not

honest with (you) about the condition of the car".

Answered on 12/23/10, 5:30 am

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Kevin B. Murphy Franchise Foundations, APC

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As a Franchise Attorney I agree with the other attorney answer. I only add that you can sue them in small claims court and very likely get a judgment for your down payment back. Small claims court has advisers on staff that can help you with the paperwork, etc. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

Answered on 12/23/10, 5:51 am

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