Down payment refund from Car dealer

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Uscuvilca

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My jurisdiction is: NY/USA

My jurisdiction is: New York

I went to a car dealer on July 18 and give $4900 as a down payment for a car which price was $7900. The seller gave me the car that same day but told me to return in 3 days to sign the refinance papers. I went back several times but they didn't have the papers to sign. Two weeks after, when I told him I was going to return the car, he finally gave me papers to sign.
He added 3 fees (warranties) to the financing and made my loan up to $10,000, he told me that those fees were mandatory and any car dealer would charge me that. He also said that I was going to receive all the papers and copies of the warranties within 1 week.
Few days later he called me again and asked me to go to see him because there was a problem with my registration, when I went he had another contract for me to sign. Since I didn't get any copies or documentation regarding the warranties, I refused to sign until he give me copies of all the papers I signed. He told me that he wouldn't give me anything unless I sign the new contract.
I found out that the first contract (or just the application) was not approved, the second was the one approved. I want to return the car, it's been a month already having it but he wouldn't give all my money back.

Summary:
- I got a receipt when I give him the down payment of $4900.
- He added $7000 more to the loan and refused to give copies of the papers I signed, he just gave me the copy of the contract with the bank. But that contract was not approved and he wants me to sign the a new one.
- I would like to return the car after a month of having it.
- He said that he would return only 50% of the down payment

Do I have a case to sue him in Small Affairs?, do I have good chances of winning?. What should be my next step?

Thanks!.
 
I'm not quite sure I have all the facts. He let you take the car but now there are other documents that needed to be signed that were not signed. If you had a deal, you had a deal. It doesn't matter what other dealers might do, your deal was already done if you had a signed agreement. Was there anything in that original agreement that had a "contingency" clause, meaning that if you didn't qualify for X then you would need to sign an addendum to the agreement for Y?

Before you go to consumer affairs or small claims court, make sure you have your facts straight. Honestly, without seeing the details of the agreement it's difficult to come to any appropriate conclusions.
 
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