Can a used car dealer keep a deposit if they can’t get you financed after more that 60 days?

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Can a used car dealer keep a deposit if they can’t get you financed after more that 60 days?

I bought a used car and there is a problem with financing. Now my paper tag expired but I already made a payment to the finance company. I still have no title or financing.

Asked on October 28, 2010 under General Practice, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

This sounds like it might be what is known as a breach of contract case but without reading the sales contract it is difficult to say.  But I do have to say that the failure to register and get license plates is a big problem for me here.  I think that you should take the agreements you have- all the paperwork - to an attorney in your area to take a look at and to see what is going on.  Why you are paying money to the finance company without an agreement I do not know.  And I think that you need to figure that out BEFORE your next "payment" is due.  Good luck.


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