Return of a 3700 down payment on car

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Return of a 3700 down payment on car

Hello
I was attempting to purchase a car from a car dealership and put a down payment of 3700 well the loan was never put through do to issues contacting the dealership and the car was towed in the middle of the night. I am was told if a loan is not approved or put through the down payment is returned can I get my down payment back

Asked on May 11, 2017 under Business Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF the reason you did not get the loan was some act or failure by the dealership, the have to return the down payment: the law does not let a party which fails in its own obligations keep your money. You could sue for its return if the dealership was the reason you did not get the loan; suing in small claims court, as your own attorney ("pro se") is likely a good option.
But if the loan did not go through for *any* other reason--e.g. you failed to do the paperwork; you are not credit worthy; the bank or lender made a mistake in processing; etc.--then they can keep the down payment since they would not be at fault. A seller/vendor can keep down payments if the deal cannot be completed so long as they were not themselves the cause of the problem.


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