Total Loss - Liable for downpayment refundable?

[Total Loss]

Jurisdiction

Texas

Purchase vehicle about 1 month ago. Gave 3k as a downpayment. After the 1st payment the car was a total loss. Now the dealer is refusing to refund downpayment. Did not have the car not even 2mnths. Should I be liable for downpayment refund or is up to dealership? Thank you

 

[Betty3]

Purchase vehicle about 1 month ago. Gave 3k as a downpayment. After the 1st payment the car was a total loss. Now the dealer is refusing to refund downpayment. Did not have the car not even 2mnths. Should I be liable for downpayment refund or is up to dealership? Thank you

Are you referring to a new vehicle or a used vehicle? Re total loss - do you mean it broke completely down or was it in an accident? Do you have a purchase agreement/contract - what does it say? Could we have a few more details, please - thanks.

 

[Total Loss]

It was a used vehicle. Was in car accident and was a total loss. I do have a purchase agreement but not able to find no information in reference of down payment.

 

[Betty3]

If you were in an accident with the vehicle, I doubt they would be responsible for returning the down payment. I assume you reported the accident to your car ins. co.

 

[Total Loss]

Car accident was not my fault. The accident was reported to the other persons insurance company and of course not willing to pay down payment.

 

[army judge]

Car accident was not my fault. The accident was reported to the other persons insurance company and of course not willing to pay down payment.

All you can do is accept the no, or take your dispute to small claims court.

 

[Betty3]

Even when an accident isn't your fault, it is always best to report it to your car ins. co. Anyway - agree that your only option is to "try" a small claims court action if you want to "try" & get your down payment back.

 

[txls]

Why on earth would you expect the dealer to refund your down payment? They have nothing to do with the fact that the vehicle was later wrecked and totaled.

 

[ElleMD]

I'm trying to figure that out myself. You wrecked the car or someone else did. That person is the only one in any way liable for your loss.