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I bought a car 6 months ago w/a downpayment of $2500 w/a check. The dealership says they have their money already but the money has not been taken out of the bank still. I talked to the dealership a couple months ago and they said they cashed it already. What is going on and what do i do?

2007-07-27 09:45:07 · 5 answers · asked by clclc 2 in Politics & Government Law & Ethics

I'm pretty sure someone would have brought it to the bank's attention when $2500 went missing from their account so i'm not counting on that scenario.

2007-07-28 16:05:41 · update #1

5 answers

Check to see if the money is there, close out the account, and enjoy the money?

2007-07-27 09:51:04 · answer #1 · answered by heThatDoesNotWantToBeNamed 5 · 1 1

Due to a lack of information I am having to guess at some of this but will do my best!

Here goes:

Do you have the car? If you have the car in your possession (although it is not made clear) then they can bank your deposit at their leisure. This may be company poilicy whatever. Although it seems a long time after 6 months!

Let's assume you don't have your car. If you placed a deposit on the car and have not get got your car the law says that when you make a contract it will be performed within a "reasonable time". There are not hard and fast rules and this depends on the subject matter of the contract etc etc. However, if this is the case after such a lengthy period I believe the car company are in breach for failing to perform the contract so they can be sued.

Let me give you an example to help: Assume I run a restaurant and order some new catering equipment. The company agree to deliver it in the future. For the sake of our example also assume that no set time period for delivery is given (e.g. 1 week, 1 month etc.) so the contract is silent on this point. The company must fulfil their contractual obligations within a "reasonable" time frame and 6 months down the line would not be good enough.

I am examining your case from English law as I assume you are UK?

I hope this helps and good luck!

NB: Also take the time to look at the contract clearly that you made with the company!

2007-07-27 17:03:59 · answer #2 · answered by Vipguy 3 · 0 1

The bank probably ran the check through someone else's account.

2007-07-27 16:53:17 · answer #3 · answered by CHARITY G 7 · 1 0

I would contact your bank. Maybe they took the money out of someone else's account by accident?

2007-07-27 16:52:58 · answer #4 · answered by nova_queen_28 7 · 1 0

I'd talk to the dealership's bank.

2007-07-27 16:49:56 · answer #5 · answered by James Dean 5 · 0 0

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