Legal Question in Consumer Law in Nebraska

Bought a car

My husband and I bought a car, and now our bank loan did not get approved. We actual wrote a check for the amount of the car, and the bank was to transfer that amount into our account. Now we don't have the money for the car, and we don't know how this is going to work out. We have to bring the car back to the car dealership.

Is there going to be any penalty?? HELP???

Asked on 11/19/07, 9:20 am

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: Bought a car

What penalty is involved depends on the cooperation of the dealer. From the facts you have presented, you have breached a contract and written a bad check. The breach of contract exposes you to liability for actual damages to the car dealer. This may be particularly expensive if you bought a new car because what you are returning is a used car. Writing a bad check is a criminal offense and may be presented for prosecution by the car dealer by simply filing a petition with the county attorney's office. Best course of action is to talk to the bank about why you were turned down and if there is a way to get approved. You might also try a credit union for the loan. If you can't get the money, then you will have to talk with the car dealer to see what arrangements they are willing to make. Be nice, you need their cooperation or you may have to pay them several thousand dollars and not even have a car to show for it. They can also prosecute the bad check which could easily result in jail time and make it difficult for you to obtain certain types of employment. If the dealer refuses to cooperate, you will need a lawyer to represent you.

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Answered on 11/19/07, 10:32 am

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