Monday, July 12, 2010

Can car dealer cash a deposit if the deal did not go through?

My husband put a down payment on a car, the finances did not go through. They told him about not being able to get the car on Tuesday, but on Monday they cash the check (with out us knowing) they gave him back the check as they lead him to beleive was but a copy of. Now our account is in overdraft.

Can car dealer cash a deposit if the deal did not go through?
A lot of dealerships will cash a deposit check before they get a reply from the lender. It is not illegal and you are entitled to the amount in full. Since you wrote a check, some dealerships will wait until the check has cleared, then issue you a check back for the deposit.





Cash deposits are usually always returned much quicker. There is no reason to get a lawyer if you signed the check because the dealership would simply prove that you consented to the funds transfer, even if you didn't %26lt;by showing a check addressed to them, signed by you%26gt;. You can try to go to your bank and do a stop pay, however many charge for the service. Good Luck!
Reply:No, they can't keep the cash. Cashing the check is usually standard procedure, though. They do this to ensure that you have funds in the account, and also to prevent you from buying a car elsewhere. They should issue a new check for the same amount to be refunded.





HOWEVER, it is impossible to 'give him back the check' if they already cashed it. Something else might be going on here. You need to go to the bank and confirm that the check from the dealer cleared. It usually takes several days for this to happen. Is it possible that your account was overdrafted from a different check?
Reply:Dealer has to return you deposit. Call and ask when ya can pick up the check.


Your account is in over draft is your fault...
Reply:The dealer might have put a "freeze" on your account for the amount of the check. It should come off in a few days.
Reply:you better call a lawyer fast u need to go to the car dealership with your bank statement showing that they cashed they check and demand you money or sue, deal cant go through, so the whole deal should be canceled. good luck and hurry up and react to this


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