Can a dealership take the car back after the bank has financed the vehicle because I stopped payment on the checks used on the downpayment?

UPDATED: Jun 24, 2012

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Can a dealership take the car back after the bank has financed the vehicle because I stopped payment on the checks used on the downpayment?

I went in to purchase a car, they sold one to my jobless boyfriend instead. They had him write 4 $500 checks and gave hime dates that they were going to send the checks in. They sent the checks in on different days screwing up our checking account. When I told them of this they promised to reimburse us the charges.They didn’t. The bank called and we had to redo the contract. They added about $4000 more to the car and sealed the deal. The dealer said dont worry about the checks. The boyfriend has made fist payment, bought the tag and there was no more talk of the down payment. I stopped payment.

Asked on June 24, 2012 under Business Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the dealership sold the vehicle to your boyfriend where there is a loan for the car's purchase by a lender where presumably the lender has a lien on the car and not the car dealership, the car dealership cannot repossess the vehicle if you stopped payment on checks to it.

Rather, the dealership's recourse would be to file suit against the buyer of the vehicle for the amount of the checks that were due and which payment on was stopped.

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