Legal Question in Legal Malpractice in Virginia

My daughter went to a car dealer in VA and thought she bought a vehicle. She was ask to put $2,000. plus $500. for her trade in old vehicle. She left the car dealer with temp. tags and under the impression she was approved. Her tags were almost expired and called the dealer to see when she would get her real tags only to be told that she would have to put an additional $500. down because the car she purchased was a 2005 and the bank can only finance up to 85% of cost, so the dealer got an additonal $500. Went back to to the dealer and got another set of temp. tags and left thinking this time all would be well. Two weeks went by and now she has been told that she is to returned the vehicle because the bank did not approved her. The dealership will not return her downpayment, nor give her back her old vehicle because they auctioned it. Is this legal in the state of Virginia? It happened in Falls Church, Virginia. You can e-mail me at [email protected] or call me at 813-335-0997. Thank you!

Mari Malatesta


Asked on 4/10/10, 3:46 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Your daughter should make written demand of this apparent predator for the return of her deposits plus an amount equal to the fair market (Blue Book) value of her vehicle at the time it was turned over to this car dealer.

And when they fail to respond, then she should file suit against them for the total + court costs in her local small claims court(up to $5K).

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Answered on 4/15/10, 7:09 am


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