Can a dealership keep my car even if the deal didn't go through?

Question

I REALLY, REALLY need some help here.  I went to a dealership in June 08  in Orlando FL to purchase a car.  I traded my car for downpayment (which they sold without finalizing out deal). We were able to take the car home while they found someone to finance me.  They did, I came back signed paperwork and thought to be on my way.  Come to find out that my license was suspended.  They let me keep THEIR car while I fixed my license.  I did and in the meantime the bank that originally financed me pulled out of the deal.  So now they have to find someone else.  Since I have moved (in the same state different city) and have new employment the finance dept. said that it is going to be hard to find someone to finance me but that it is possible.  I AM STILL DRIVING THEIR CAR.  I called to find out what was going on because the temp. plate is about to expire and I can't afford any tickets.  I asked if I could get my car back being that this is taking to long and I just want my car back.  They said no because I signed over my car to them as a trade and it's not their fault that when the original deal was made, it fell through because of my license.  Now correct me someone if I am wrong but how can they keep my car if the first deal was null and void?  It's not my fault that they allowed me to keep their car until my license situation was taken care of.  Just the same way that it isn't their fault that my license was suspended at the time of purchase.  BUT I DID NOT KNOW MY LICENSE WAS SUSPENDED...Can they keep it and am I forced into a deal now whether I like it or not? What can I do because now I can't afford a car payment anyway and I don't know what to do.  what are my legal rights?  Also, the guy that bought my car WAS an employee there who no longer works there, and they still have his papwerwork because the finance guy told me that they can't seal his deal until my deal goes through......Now u tell me?  There's something shady going on and I feel I'm going to get stuck with a payment I can't afford and eventually get the vehicle taken away from me..Someone please help.

willie l · Accepted Answer

Unfortunately, if you signed the title over to the dealership, then you have no legal recourse for obtaining your old car. Regardless of any deal going sour, once you sign the title over, it is forever done. Also, since your license was not valid at the time of sale, they could legally repossess the car you are currently driving for signing the paper work under false pretense. In these cases, it doesn't matter whether or not you knew your license was suspended. Since the dearlship is obviously willing to help you by finding you another finance source, your best bet is to continue driving the current vehicle until they are able to do so.

Anonymous · Answer

I am not quite sure what having a valid drivers license has to do with buying a vehicle, but apparently it does, so we'll work under that assumption. It certainly is neither the bank nor the dealers problem that your license was suspended. Whether you knew it or not, it is YOUR license and YOUR responsibility to keep YOUR business affairs in order. Second, you moved and changed jobs during the transaction. This essentially voids the original loan application because YOU invalidated the information. Stop sounding like an innocent victim here and take some ownership of this situation. Your suspended license and the fact that you moved and changed jobs was like changing the rules in the middle of the game. They sold your vehicle - I get that - they have to compensate you in some way for it. Either as a down payment on another vehicle, or they cut you a check and you go your merry way. Go to the dealer and assert yourself and tell them that either they get you financed or they cut you check for whatever you agreed on as trade-in value for your car.

jay · Answer

Since you signed the title over to them, they can do whatever they want with it, regardless of the status of your new car, it's a separate transaction.  It's not their fault, they looked at your license and sent it to mv and the finance company.  It's your responsibility to know whether you have a valid license or not, not the the dealer.  

You can bring the car back to the dealer, I don't know how much they'll charge you for driving it, but you still can bring it back without it being a repo because you don't even have a loan.  The dealer should refund the amount of your trade to you minus the cost of driving the car for 3 months.

Anonymous · Answer

They owe you the fair market value of your old car, less the mileage on the car you are driving now (which you can expect to be around 25 to 30 cents per mile.)

Or, they can apply that payment to another car that you pick from their lot.

You really need to turn their car in now, even if that puts you to walking, they will come back at you for charges for usage of it.

Time to call a lawyer. Look for the "pro-bono" lawyer at city hall, the District Attorney will also hear you on this.

kelly_f_1999 · Answer

yep thats the way some car dealer do you tel them its either you keep their car or you get back the old one.. so they stil have your car they just messing with you for more money its scam i bet best you talk with a lawyer

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Can a dealership keep my car even if the deal didn't go through?

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