NONREFUNDABLE FEE FOR A CAR AT A BUY HERE PAY HERE

[AJohnson]

Jurisdiction

Georgia

Greetings Everyone,

I am a 20 year old female college student recently I went to a buy here pay here dealership to get a car the dealer expressed to me that if I gave him $800 nonrefundable he would hold my car for me until I give him the remaining funds for the down payment which would be $2,000. I did not give him a specific date of when I would be picking up the car. As to why I gave him the $800 cash to hold my car and take out of inventory. He is now calling me threatening to put my car back in inventory if I did not have the whole $1,200 by January 7,2017 and that the $800 cash would be a loss of mine he would not give me back the money. I signed a paper stating that I agree however he did not state to me that I had a specific date to obtain the car, that is why I gave him the $800 to hold the car for me. He is not trying to give me a longer extension..due to the holidays I have been off of work unpaid so my check is short so I'm now asking for my money back but he is refusing. I REALLY NEED HELP LEGAL ADVICE!! Thanks in advance

 

[army judge]

WOW, another rule broken, don't ever put a down payment larger thn $1.00 for anything you're attempting to purchase.

If the scammer refuses to return the $800, your only legal optin is a small claims lawsuit.

Even with such a lawsuit, you don't get the cash.
You only get a court order saying Jon must pay Sally $5,000.

There is no mechanism the government has to collect your loot, that's up to you.

Sad story, which I could help, but in cases such as yours all I can say is use this as a lesson learned, never buy anything if a deposit is required.

 

[adjusterjack]

I signed a paper stating that I agree

Well, that's it then, you signed a paper. When you sign papers you are bound by those papers. Pity they don't teach you that in college. You have to get your life lesson from the school of hard knocks.

he did not state to me that I had a specific date to obtain the car,

I'm the last person to come to the defense of a car dealer. But just how long do you expect him to hold the car for you when he could be selling it to somebody else?

How long ago did you give the deposit? A week? Longer? So, he's given you, what, two weeks to come up with the money while he isn't able to sell the car.

Frankly, if you didn't have the whole $2000 down payment when you went to the dealer the first time, you had no business making the deal at all.

 

[AJohnson]

It's more to the story I explained to him my current situation which he took advantage of. & I asked for LEGAL advice if you guys aren't giving me advice please keep your rude comments.

 

[Highwayman]

There's not much more advice anyone can give you at this point.

 

[AJohnson]

Thanks

 

[army judge]

It's more to the story I explained to him my current situation which he took advantage of. & I asked for LEGAL advice if you guys aren't giving me advice please keep your rude comments.

We aren't ALLOWED to dispense legal advice over the Internet, anymore that Walgreen's or CVS can dispense narcotic drugs WITHOUT a valid prescription.

Legal advice to you comes ONLY from YOUR lawyer, not just a lawyer.

That said, he/she is under no legal obligation to return a dime to you.

If you believe you should have all $800 back, ask for it.
If he/she still refuses, your legal option is to file a small claims lawsuit in the county where you arranged to buy the car.

If you prevail in small claims, you perfect your judgment, then try to collect on your judgment.

Unlike "Judge Judy", "Judge Mathis", or "The People's Court"; you don't walk out f out with the loot, cash, cheddar, dead presidents, moola, or scratch.

You leave with a pretty piece of legal paper, embossed with the court's OFFICIAL seal, which allows you to LEGALLY chase your tail to collect what you're owed.

Clear as crystal for you now, mate?

Bottom line, fewer than 5% of people holding those pretty pieces of paper ever collect a dollar or two of their judgment.

This is why when anyone wants more than ONE US DOLLAR for a deposit, you simply, politely say, "Sorry, I'm not a fool. Only an uninformed fool would leave more than ONE US DOLLAR as a deposit to bind a deal. If I leave you $800 as a deposit, I'll get screwed. I've been screwed once before. I'll never be screwed again."

Deposits are another way people use to screw you.
A signed contract is as valid with NO DEPOSIT, as it is with an $800 deposit.
Bottom line, deposits aren't necessary to form a valid contract.

Deposits are used to keep you from changing your mind, especially $800 deposits.

 

[leslie82]

It's more to the story I explained to him my current situation which he took advantage of. & I asked for LEGAL advice if you guys aren't giving me advice please keep your rude comments.

No one is being rude. Also read the disclaimer at the bottom of the page. No one gives out legal advice on this page. You hire a lawyer for that.

Also you signed that you knew that you were putting down a deposit for the car. That's your fault you didn't put a date in there.

I would never put a deposit down like that. Just like I'll never loan family money after getting screwed out of so much. Lessons learned.