Legal Question in Consumer Law in Virginia

Refund of Down Payment

I had to return a vehicle because the co-borrower did not have their license so Barnett Finance Co. would not finance the vehicle. I returned the car a month later and upon returning the car the dealership owner refuses to give me any of my down payment back. Stating we had a contrat with them. I do not agree with the dealership. We financed the car with Barnett and with speaking to them there is an addendum stating that the seller's name is replaced with Barnett Financing. I would understand a rental fee for each day we kept the car but not my entire $1,000. My question is can they keep my entire $1,000 deposit if we returned the car?


Asked on 12/31/07, 12:54 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Refund of Down Payment

If you believe that you've been treated unfairly by this dealer with respect to the return of at least some of your deposit and the contract which you signed does not clearly permit the dealer to retain the entire deposit under the kinds of

circimstances which developed in your

particular situation after you signed it, then you should consider suing this dealership in Small Claims court for the return of what you believe is owed to you. (Cost of filing a case is around $40.)

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Answered on 1/03/08, 8:23 pm
Emmett Robinson Law Office of E. F. Robinson, PLLC

Re: Refund of Down Payment

In short, probably not but it depends on what your sales contract with them says. Usually these issues are addressed in the sales contract and permit them to charge a reasonable rate for mileage. My best advice... consult with a local consumer attorney who concentrates in dealer fraud issues.

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Answered on 12/31/07, 8:19 pm


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