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Small Claims Courts General civil claims that are under $10,000. Suing or defending usually without a lawyer.

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Old 12-16-2007, 03:23 AM     #1
JDK
 
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Confused Down Payment Refund

Hi, I recently negotiated a deal with a car dealership and put a $500 down payment on the vehicle. I received the contract a week later because it had to be mailed to me and the price was more that discussed. So I called the dealership and asked what was going on, they told me that they would not change the price and that I can think it over for a few days, I thought it over and decided not to purchase the vehicle. After that I asked for my down payment back, two days after I called again and asked what the status of my refund was, and the general manager told me that I would not get it back because he said that was a non refundable deposit. However on the purchase contract the $500 is labeled as a down payment. My question is, am I entitled to my money back?

Thank You
John
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Old 12-18-2007, 06:45 PM     #2
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Default Re: Down Payment Refund

Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to their behavior... You may also report them to your state attorney general's office. If the price was not you agreed there is no agreement.
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Old 12-19-2007, 08:54 PM     #3
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Default Re: Down Payment Refund

Thank you for the reply and where I can go to get more info, it helped a lot.
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Old 12-19-2007, 10:25 PM     #4
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Default Re: Down Payment Refund

World Law's lawyers could also probably intervene and help resolve this if need be. You may email them on the home page.
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Old 01-23-2008, 01:07 AM     #5
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Default Re: Down Payment Refund

I'm pretty sure since you hadn't signed a contract, that you can get your Deposit back. You didn't go through with the Purchase so, I don't believe they're allowed to keep your $500.

A contract is binding, but worthless if you have not signed it.
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Old 01-24-2008, 12:17 AM     #6
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Default Re: Down Payment Refund

Thanks!
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