How can I recover my down payment for a car, if I refused to continue with the paperwork?

I backed out the deal.

Asked on September 17, 2012 under Business Law, Florida

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

The answer to this depends on the paperwork that you signed.  If it says the downpayment is non-refundable, you may not be able to recover it.  If the paperwork does not say this, you may be able to recover the downpayment.

If you backed out quickly, never took possession of the car, advised the seller that you were cancelling the deal, and especially if you cancelled because of something you learned about the car or the deal, you may be able to get your downpayment back.  If the seller incurred no damages because of your cancellation, your chances of recovering your downpayment are better.

I would recommend that you request a return of your downpayment.  If the seller refuses, see if you can get their reason in writing.  Then, if you believe you are justified in demanding a return of your money, you can bring a suit in small claims court.  You do not need a lawyer in small claims court, and your county court website should have information and forms to file a small claims matter.


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