Am I entitled to a full refund of my down payment?

hellimhere

New Member
Jurisdiction
Utah
On October 22, 2016 I bought a 2013 Nissan Versa, about a month goes by and I had received no information as to who would be financing me. Last week, Wednesday, my dealer gives me a call asking me how the car was driving, at which time I ask him about my financing, after which he promptly said I'll go check and get back to you Friday, never happened. So Saturday I decided to give them a call to figure out what was going on, the receptionist connected me to the finance manager where I waited on call for 10 minutes before being told that he was in a meeting and would call me back after, never happened. In between this time I received a letter saying that my financing had fallen through. Yesterday, Monday, I called several time to get the same answer he's with a customer, he'll call you back after, I guess my attempts were not in vain because I did get a call back but from a different finance manager, who informed me that, yes, my financing had fallen through, but he talked to the bank and he can get me the loan at a higher interest rate, all I have to do is come in sign another contract, and bring some new check stubs. Unfortunately I do not want to sign another contract, being that I am making a lot less money than before, and would most likely have to go through this entire process again, and in fears that they are yo-yoing me. So would I be entitled to a full refund being that they are, in my belief, in breach of the sales contract. There is a clause that states "IF THE SELLER IS NOT ABLE TO ARRANGE FINANCING WITHIN THE TERMS DISCLOSED, THEN SELLER MUST WITHIN SEVEN CALENDAR DAYS OF THE DATE OF SALE MAIL NOTICE TO THE PURCHASER THAT HE HAS NOT BEEN ABLE TO ARRANGE FINANCING." The letter is dated 11/11/16 and the postage is dated 11/12/16, 21 days in between.
 
You can refuse to sign anything new and return the car. They should refund your down payment but will most likely deduct a rental fee for the amount of time you've had the vehicle and any damage.
 
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