Refund deffered auto payment

Lanisha

New Member
Jurisdiction
California
I put a down-payment on a 2010 Ford escape in January $1500.00. I was issued a loaner due to maintenance on the car.
I had the car over 3 months . I was not given any info on what was taking so long.
So the dealer said to come look at other vehicles. I then choose another car. And was told to pick up on Sat. 4 days later.
So when I go he ask for more money down. Originally it was $2000.00 then to $2500.00 which I paid. Maintenance was supposed to be performed and brakes replaced. When I drive the car I noticed the brakes where horrible no fluids, no wipers and water was leaking inside from the rain thru the antenna. Took it back to be repaired.
To me nothing was repaired only the antenna leak.
So they swear it was fixed
I've called several times requesting documents on the repairs and nothing no call back are anything.
Now I just want my $ back are the liable to refund my $? And I also was paid for 2 months on the escape that. Never received
 
You should have inspected the car before you took ownership of it. At this point the car and all of its problems are entirely yours. Unless you got a warranty that addresses your repair needs you are now stuck with a used piece of junk.
 
I assume you don't have in writing the repairs they were to do? If not, you are probably out of luck re any recourse.
 
"And I also was paid for 2 months on the escape that. Never received"

I don't quite follow this part.

You can check with your state DMV. It may be a violation for a licensed dealer to sell a vehicle with faulty brakes.

If they are not returning your calls. Go in person. It is much harder to be ignored in person.
 
My first thought was whether this entire transaction was predicated on fraud. You certainly have your remedies in court if this is the case. But let's start with the basics - do you have a written agreement? I'd find it hard to believe that you would have none, just the exchange of money and title. I'm reading about down payments so that means that more is due on the car. If you want to claim fraud and breach of contract before making any further installment payments, now is the time to care of everything and make your objections.

I agree with @txls that it's time to go down in person. If you don't get satisfaction, put it all in writing and send a demand letter for all this information and any objections you have as well as a demand for the return of money paid, sent via a certified method of mailing. What I will say is that you shouldn't expect them to simply return the money and it won't be simple to extract it. One has to wonder whether they have done this before and know just how much effort it takes for a used car buyer to recover their money. You may want to look up the used car dealership in the usual places, such as the BBB of California. You may also want to look up remedies and complaints with the California State Attorney General.

California lemon law covers the sale of new cars under the CALIFORNIA LEMON LAW Song-Beverly Consumer Warranty Act and Tanner Consumer Protection Act. However, you should check whether the original manufacturer's warranty is still in effect because the California lemon law will cover the sales of used cars that are still under warranty.
 
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