Am I legally bound to give a car dealer the down payment that it failed to collecton a new vehicle even though I signed all the paperwork and they let me drive away?

I bought a new truck and in the hurried state that they were in trying to get a sale before the end of the month they never asked me for the down payment. I signed all the contracts with said that there was a down payment but it was never given to them. Since they let me drive away am I still legally responsible to give them the money?

Asked on June 4, 2012 under Bankruptcy Law, Florida


B Elaine Jones / The Law Office of B. Elaine Jones

Answered 8 years ago | Contributor

Yes you are legally responsible to give the car dealer the down payment.  The key is that you signed all the contracts that said that there was a down payment.  Those will be legally binding when the car dealer takes you to Court to collect.  On top of the down payment, you may very well have to pay for the car dealer's attorney fees and costs for having to bring it to Court.  Your best course of action would be to pay the down payment unless you want the hassle of going to Court and the potential of paying more. 

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