Legal Question in Consumer Law in Virginia

Automobile Purchase - Unable to Obtain Receipt for Cash Purchase

I am the legal guardian of a 16 yr old. Insurance $$ from her parent's deaths was used to purchase a vehicle for her for cash (cashier's check). The dealership was slow in getting the receipt to us for the cash ($11,500.). We stated that we had to leave because the child had her first job interview on the same day and she was going to miss it if we stayed any longer. The salesman promised to deliver the receipt and car mats to our home on Monday (the purchase took place on Saturday). He did not deliver either. Numerous attempts have been made to obtain the receipt. He became hostile, claimed it was accounting's responsibility and hung up on me during my last attempt. It has been 16 days since the purchase. The bank stmt reflects the deduction. He claims the title is at the DMV being processed. This is a large, supposedly reputable dealership that has been in business for many years. Management does not respond to my complaint. Is there a law that states the maximum no. of days car dealership's have to deliver the final paperwork (i.e., receipt, title). The child wants to keep the car. I want her to keep the car, as well as recover the purchase price of the car.


Asked on 5/08/00, 5:42 pm

1 Answer from Attorneys
Daniel Hawes Hawes & Associates

Re: Automobile Purchase - Unable to Obtain Receipt for Cash Purchase

Have a look at Virginia Code section 46.2-1530; it requires the dealer to provide a "buyer's order", which is required to contain all the information you indicate you need. When signed by both the seller and the buyer, it's a bill of sale (incorporates the function of a cash receipt). If you got that, then you don't need any other receipt, and that's all the dealer is required to provide. Failure to provide a buyer's order is not subject to civil action by a consumer under the Code, but may provide the basis for a suit under the Virginia Consumer Protection Act, section 59.1-200(14), which prohibits any deceptive or misleading conduct. There's another section of the Consumer Protection Act that prohibits a seller from failure to make good on his promises. So, if the seller promised to give you a receipt at the time of the deal (which he did, according to your facts), but didn't do it, that's a violation. Any violation of the Consumer Protection Act provides for minimum damages awards of $500 plus attorneys' fees.

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Answered on 6/22/00, 10:17 am


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