Tips on Buying Cars: Returning a car and gettihng the down payment back., returning a car, last legs


Question
In NJ - My elderly parents (in their 70's) went to look at new cars on Saturday as one of their old cars was on its last legs. A dealer gave his pitch (a little pressure) stated that he would take their old car as a trade-in. So my parents handed over the title and insurance but when my dad said that he would drop the old car off on Monday, the dealer said that he would come pick it up. The dealer drove to my parent's house in the new car, dropped it off and took the old car. He drove it approximately 50 miles toward the dealership when the car overheated. The dealer pulled over, called a tow truck, had the car towed, called my parents and stated that 1) my parents were responsible for the towing charges, 2) that they would not get the trade in value and 3) that the payments were now $300.00 a month.
My parents cannot afford the monthly payments and would like to 1) return the vehicle, 2) Get their down payment back and 3) get the title and insurance for the old vehicle back. The old vehicle, once it cooled down, started up again. Can you tell me what recourse my parents have?

It would be greatly appreciated.

Jody

Answer
Jody,

Thanks for your question.  My first question is whether or not your parents signed the paperwork, and finalized everything on the car deal.  If they did, then none of this matters.  The dealership has no leg to stand on.  If they have not signed all of the paperwork, then your parents are entitled to every penny back, they probably will have to pay the towing bill, and they will get the title back, and the insurance.  The dealership can not keep any of those items.  Now, with all of this being said the first thing to find out is if your parents signed all of the paperwork.  If they did, then the dealer is liable for everything else.  Your parents do not have to sign a new contract, and are not liable for anything other than what the contract that they signed states.

Hope this helps.

Thanks - JB