Legal Question in Consumer Law in California

Selling your car

I sold 2 cars to a dealership and they havent paid me yet because they say they cant finance the new car and they wont give me my old cars. what can i do.


Asked on 4/03/07, 12:28 pm

2 Answers from Attorneys

Simina Ploscar The Law Firm of Simina A. Ploscar, Esq.

Re: Selling your car

It very much depends on the terms of sale specified in the contract as to when the payment to you should be made and whether it is contingent upon financing your new car. Someone needs to take a close look at your contract. If the terms are on your side, you might consider having a letter drafted from a lawyer's office to the dealership in which you demand the payment or the cars, otherwise you can go to court. Going to court it also depends of the amount involved. If the dealership is in another state and the amount involved exceeds $75,000 then you can go to federal court, but here is more expensive in so far as court fees. Probably you can file in a state court. You should try though to avoid litigation and settle the matter.

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Answered on 4/03/07, 12:54 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Selling your car

Turn your contract over. On the back side you will see language that talks about the dealer having 10 days to either obtain financing or rescind the contract. So, if it has been more than 10 days since you signed the contract, then you may just make your payments to the dealership. The dealership has to pay you for the 2 cars. If it fails to do so, you can sue the dealership for fraud, violation of the consumer legal remedies act, and a plethora of other causes of action.

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Answered on 4/03/07, 3:51 pm


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