Do i have rights as a consumer? (further read question)?

Question

I bought a used car a dealer and returned it the next day. I saw on the contract the mileage was higher than the actual mileage of the car. I returned the dealer and told him about this here. He said it was an honest mistake when typing. The dealer told me that I could not return the car since I signed the "cooling off" waiver. however, i still did not want the car. the dealer contacted the finance Company whom he sells the contracts to and asked them to void the contract. I also contacted the Finance Company and the guy told me that my Loan was on hold anyways since they needed additional information from me. I told him to void it. The guy at the dealer said that he cannot return my down payment due to he needed to pay fees for the State and other. Do I have any rights as a consumer and place a complaint with the department of Consumer Affairs? is that "honest mistake" considered fraud?

Answer 1

I think it depends on how much your down payment was and how much tax, tags, title service, etc. are.

For example if you purchased $5,000 car with $500 down and Sales Tax in your state is 6%, tags cost $50 and title service is $100 I would say that since the dealer is out the $450 he had to pay to others plus the internal cost of inspecting, washing, etc.

he is entitled to keep the down payment.

On the other hand if your down payment was substantially more than the money the dealer had to spend you should expect to get back your down payment less what he spent and perhaps $100-$200 for inspecting the car.  

Of course you should ask for the tags and the paperwork from the state along with receipts for the money he says he spent.  If he can't produce them he is trying to con you and you should file a complaint.

Hope this helps

Jerry-the-bookkeeper