Car Dealer Down Payment

Summary

In California, if a car dealership cannot secure financing and takes back the car, they must return the down payment unless the contract specifies otherwise. If they keep the down payment without contractual permission, it may constitute breach of contract or unjust enrichment, which are civil matters. Conversion could apply if they wrongfully retain your property. Review your contract for specific terms and consider consulting an attorney or filing a complaint with the Department of Motor Vehicles if needed.

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yes. are they allowed to keep the down payment and apply it to other debts they feel they are owed?
In California, a dealership typically cannot apply a down payment to other debts unless specified in the contract. Here are key points:
- Review the contract for any clauses allowing this action.
- The dealership should clearly state any such terms.
- Consider consulting an attorney if the contract terms are unclear or violated.
Would you like more guidance on how to proceed?
if they do take the car and keep the down payment without any thing in the contract stating they can, what are they guilty of?
In California, if a dealership takes a car back and keeps the down payment without contractual permission, they may be guilty of breach of contract and possibly unjust enrichment. Here are some key points:
- Review the contract for any terms regarding refunds.
- Contact an attorney for legal advice.
- Consider filing a complaint with the Department of Motor Vehicles (DMV).
Would you like more information on how to contact an attorney or file a complaint?
are those civil or criminal? are they guilty of conversion?
Case Rating: *
In this situation, it would likely be a civil matter. If the dealership took the car and kept the down payment without contractual permission, it may be breach of contract or unjust enrichment, which are civil issues. Conversion could also apply if they wrongfully kept your property. Would you like more information on this?
yes
Case Rating: *
In your situation, the potential legal issues with the dealership are primarily civil, including breach of contract and unjust enrichment. Conversion might apply if the dealership wrongfully kept your property (down payment).
Would you like more guidance on how to proceed or how to file a complaint?