Refund of my down payment

This is a discussion on Refund of my down payment within the Small Claims Courts forum, part of the ATTORNEYS, COURTS, LITIGATION category; I recently puchased a vehicle from a dealership in Mississippi, When purchasing the vehicle i noticed that the car made ...

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Old Apr 5th, 2008, 06:51 PM   #1
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Default Refund of my down payment

I recently puchased a vehicle from a dealership in Mississippi, When purchasing the vehicle i noticed that the car made a tapping sound under the hood the dealer told me that it was because the car had been sitting up and that it just needed to be ran. After a couple days had passed i called the dealership back and told them that the problem persist and they instructed me to bring the vehicle back so that could try to resolve the issue. SO they swapped the vehicle for me then a couple days later i noticed that this vehicle stated making the same type of noise they then told me to bring the vehicle back after checking it they said it could be an internal engine problem. so i told them that i did not have the time because i need a reliable vehicle since i work out of town so i asked for my downpayment back and was going to retun the vehicle. They refuse to give me my refund. I found out that my trade in had not been paid off and the bank had not sent the dealership a check yet to finance the vehicle. so i called they bank and the dealer on 3 way explained to them what happened and they said they will not finance they vehicle. The dealership said they'll just automatically become the lein holder and will not issue me a full refund but half of the refund and they'll keep the other half. My question what rights do i have in getting my money back and could the dealer automatically become a lein holder.
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Old Apr 6th, 2008, 12:31 PM   #2
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Default Re: Refund of my down payment

Hi--You could try to ask for a full or partial refund saying that the item had major structural damage etc. from the beginning, and it has never been fixed properly--but it will always not be an easy case and some courts may say you should have had it inspected etc. If they knew of the problem however and hid it from you they could be liable--that may be the best argument for you to make--

You could file in small claims for the damage.
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Old Dec 8th, 2008, 10:45 AM   #3
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Default Re: Refund of my down payment

Hi, I was wondering about a downpayment I gave to a car dealership for a vehicle I wanted...we live in two different provinces so I sent the money through my mastercard ($500), I told the dealer that I defeinately wanted the vehicle that I had a loan for it but was trying to get a line of credit instead...
well, the line of credit did not fall through and as it turned out I did not have the loan money either, so I decided to cancel out and wanted my $500 back but the dealer wont give it to me, I did not sign any contract...

he says that he is sure the money is his.

what can I do??

can I still get the money back??

thank you
Shawn
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