Car Dealership/Downpayment-repo?

Question

OK...I bought a new car, wrote a check for the downpayment, they agree to hold until a certain date, they deposit and it bounces.
In the meantime, everything is sent to the finance company, I make my first payment and I've had the car for 2 months.
The dealership calls about the downpayment and they threaten to 'take the car back' if I don't bring in the downpayment. Do they have the right to do this?
According to the finance paperwork the "seller" has assigned it's right, title and interest to them so this would lead me to belive "no". I'm thinking if they even try to take the car they are stealing it because they have NO right to it. Any thoughts?

Answer 1

You are in breach of contract and can be sued.

You can also be arrested for theft.

The dealership cannot legally take the car, but they have plenty of other avenues to achieve restitution.

Answer 2

You wrote a rubber check for a down paymemt and you're asking if they can repo the car? Of course they can! You'll be lucky if they don't file check kiting charges against you! You're the crimminal in this scenario, not the dealer!

You'd better have a closer look at the paperwork you signed. Buried in the fine print somewhere is a clause along the lines of "Checks are accepted subject to collection" or similar leagalese. Elsewhere is a clause confirming the security interest in the vehicle for any and all funds due under the contract. The dealership got partial payment from the finance company when they sold the note but they did NOT assign the right to collect the down payment to the finance company! You haven't paid that yet, and the dealer is fully within his rights to repo the vehicle.

You owe the money. Pay up or risk losing the car. And possible jail time for felony theft.

BTW, if the finance company processes the repo transaction, it will be against you, not the dealer. In reality, the dealer and finance company will probably just roll back the note. But you'll be hit with use and collection charges that the dealer WILL go after you for.

I'm constantly amazed at what people think that they can get away with!

Answer 3

That is what is known in the industry as a "Straw Deal" basically they can and will take the car back, but that is not your worry. The person that told you to hide the unit basically told you to commit a felony. It always amazes me who people give poor advice on here than can get some one in more trouble than they are already in.

Just because you gave them a check and told then to hold it doesn't mean that they will or that they have to even if it is post dated and the bank takes it, you are sunk.

If you do not pay for the car you have no right to it and NOW what is worse is that they are going to pass that little tid bit of information along to the finance company who will keep your account flagged for the next 12 to 18 months, if your account is flagged the first time you are late with a payment and don't have arrangements, if they will make them with you, you unit will be gone and your chances of reclaiming it are going to be slim to none there is a 90% chance when it gets picked up it is going right to the auction.
The finance company owns that unit and can do what ever they want to with it until you have made your last payment, simple as that.

Here are your bigger worries;

1 ~ THEFT BY DECEPTION, you wrote a bad check and deceived them into taking their property. All they have to do is prove on what ever given agreered upon date you did not have the funds in your account to cover it, a good DA will get you on that one,

2~ ISSUING A WORTHLESS CHECK

3~ And of course if you hide it depending on your state IS a class c or d or a class 3 or 4 FELONY respectfully for withholding property from its rightful owner. Depending on the KBB value of the unit, not the sticker price which is going to be about 20-30% more than you paid plus charges.

If I were you I would either take the unit back or I would take them the money TODAY
This is nothing to play around with.

I know hind sight is 20/20 to a smart person and cloudy for the rest of us, but you should have told the lot to hang onto it until you had the cash to give them for the down payment, even if it was gone when you did get the cash, at least you would not be facing all of this legal crap, and trust me when I say, they will do what they can to hurt you, I see it everyday.

Answer 4

Pay the downpayment BUT ask them to cover fees since they deposited early.

Like others mentioned they can take legal action but not repo the vehicle on their own.

Good Luck

Answer 5

you have no Contract with the dealership. Your contract is with the Finalce Co. No the dealership Can NOT repo the car. They Can File charges on you for Issueing a worthless check.

Answer 6

they can possibly take the car back. you wrote a check for the down payment and it bounced. most states, writng a hot check for over 500 dollars is a felony. you could possibly go to jail for the check. they will probably work out a payment plan w/ you.

Answer 7

They do it is grand theft auto. You never finished paying them for their product. The bank already paid them their portion. You are resposible for paying the dealer and the bank any money owed. Call th the dealer to set up a payment plan.

Answer 8

hide it, make them spend their money looking for it..