Tips on Buying Cars: dealership forgot to collct down payment, reputable dealership, car fax

Question
I was buyig my 2004 Honda Accord used and was told it had never been wrecked and assured i would be given a car fax. While we were signing the contract I realized we had not seen the car fax. we signed the contract while the salesman was printing it. When we see it we realize it had been wrecked. The car dealer assured us the damage was minimal and by this point it was dark and we could not examine the car. We live 100 miles from the dealership and noticed on the drive home it had some problems. now 4 days later when we finally have time to get it checked we find it has many issues and was wrecked pretty badly. Then the dealership calls and tells us they forgot to collect the down payment check we agreed to, which was only the amount of the taxes,$800. we feel we should not have to pay that and are prepared to give the car back rather then pay any more money for this vehicle. Are we bound to the contract since they have not recieved that check? Can we take the car back after 1 week?

Answer
The first thing you should do is contact the local DMV - ask about your state laws, because some states have a return/trial policy on car sales.. some don't. If you signed the contract.. you are bound to pay the down-payment... if it is a large reputable dealership - you should be able to explain to the manager that the salesman said it had not been wrecked... so he lied... and they should accept the car willingly to keep their good name... a small crappy dealership would probably tell you to buzz off - or take it to court... and court would not be fun... (it would end up being very expensive). The liability ultimately comes down to you, for not properly checking out the vehicle before purchase... and it apparently has no warranty... (if it does... and the dealer wont take it back - atleast get it fixed for free).  You signed an agreement saying you are buying the car.. with X dollars down... - not paying the down payment actually gives the dealer grounds for lawsuit - or repossession (doesn't look good on your credit) - Call the DMV - then GO TO the dealership.. don't call - ask to talk to a manager.. explain what happened... if you have no return policy... and the dealer won't take it back... you are out of luck... perhaps try to sell it? or live with it... sorry it's not a brighter picture - but this is why patience and inspecting is SO important when buying a used car...