PREPARE FOR A FRAT-SIZED WORD VOMIT.
Anyone familiar with consumer protection laws in CA for purchasing cars/obtaining financing?
So here's the situation. I applied for and was approved for financing for a small loan on a used car for my wife. The dealership sent their paperwork over to the lender and I went in to sign the lender contracts. Unfortunately the systems were down and I was unable to sign anything and left. The very next day, Saturday, the dealership calls me up and says they'll spot sale me the car if I provide them my downpayment and finish my loan paperwork on Monday. I agree and go and get the car.
Come Monday (through Thursday) there is a dispute with the lender and they try to add 5% to our agreed upon loan terms, which are already outlined on the RETAIL INSTALLMENT SALE CONTRACT in the Federal Truth-In-Lending disclosures. I refuse and back out of the loan. So I contact the dealer to ask them to find me another lender and they agree. A few hours later they call me back and say I just need to return the car, contracts cancelled. I say that is not a problem but I will need my down payment back before I give up any keys. They agree! So off I go driving almost an hour to get to the dealership to return the car.
So I get there and they ask to check the odometer so I put the key in the ignition and let them record it. The representative then removes the keys from the ignition and says he will not give them back to me and I need to pay $500 for restocking or they will refuse to take the car back. I refuse. The GM comes out and gives me my keys back after I explain to him how fucking ODD that was. But then he tells me I have 7 days to pay the FULL financed amount or he will repossess the car. He says I signed a cash contract and it is DUE in full.
What I signed was a 553-CA-ARB-eps-14 RETAIL INSTALLMENT SALE CONTRACT. How are they calling this a CASH contract? It outlines a payment schedule, APR, financing charge, ALL of that. How in the world can this be considered a cash purchase?
I know that if they repossess the car I have a good case for a wrongful repossession, but I would like to avoid ALL OF THAT shit and just get my down payment back.
Any advise on how I could do that or is it a pipe dream without a court?