Can I get my deposit back that I placed on a used car from a dealership?

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I was talking to a sales person from a dealership. He called at a bit after 7pm to discuss the car. He gave me an offer,I decided to think about it and look at the pics of the vehicle before I made a final decision on the vehicle. The dealer wanted a deposit, so I gave him my debit card so he can hold $400, until I had a decision. I gave him a call approximately 30 minutes later to tell him the offer wasn't worth it. By that time the dealership was close and he left but I left a message. I am going to call back early this morning at 8 when the dealer open. Can the dealer keep the deposit? nothing was in writing, it was oral and I was making a decision? He didn't lose any sales overnight. If he does charge me, can my credit union get it back for me since no product or service was done?

Attorney Answer

1
Ronald Burdge ·
Insist on getting a refund or to cancel the charge-debit. Contact your credit union and tell them not to process it. Don't sign anything at the dealership. Without a written contract, in most states an oral agreement to sell a car is unenforceable and you never even got to the contract stage. Problem is it doesn't sound like there was any agreement on whether or not you would get your deposit back. If it doesn't work out, then you may want to talk to a local Consumer Law attorney. You need to talk to a local Consumer Law attorney who deals with this kind of case. Call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you or you can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-locate_local.shtml) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give me a “thumbs up” below. Ron Burdge, www.BurdgeLaw.com
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