Can a dealer refuse to sell me a car after cashing my check?

UPDATED: Mar 1, 2012

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Can a dealer refuse to sell me a car after cashing my check?

I sent the dealer a bank issues check, where the bank provided information on the loan. The dealer cashed the check, but is no refusing to sell the vehicle unless I send more money to pay for the tax and title (additional $1000). I live in a different state and had planned on paying for tax and title in my state and in person. Can the dealer hold the vehicle ransom? On the basis that they cashed the check, can I force them to send me the vehicle since it becomes a binding contract (they accepted my money)?

Asked on March 1, 2012 under General Practice, Ohio


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can force them to give you the car since they had notice this car was going elsewhere. They cashed the check and did not put that it is in dispute. It would be a different answer if your contract included the amount you did not pay. File a dispute with the entity who regulates consumer protection matters but keep in mind that in most states the car still has to be registered in the sold state before it is allowed to be moved across state lines.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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