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Can I return a used car I bought, as my check bounced

Date: 5/7/2019 11:53 AM (PST)

I sold my car to a used car lot. They paid me. I put their check in my bank and went to a car dealership and bought a used car from them. The company that bought my car then contacted me 3 days later and put a stop payment on their check. They said they paid too much for the car, it was a mistake, and since their check hadn’t cleared, no money changed hands-deal is off. So my check bounced at the car dealer I bought the new car from. I want to return that car. They are saying I can’t. Since my check didn’t clear either, can I call the deal off and just return the car? I’ve kept the new car in my garage, and only drive it about 50 miles. I have my old car back.

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Date: 5/7/2019 2:45 PM (PST)

Hello Donald. Thank you for your question. I’m sorry to hear of the situation you currently find yourself in. In the State of Oregon, in order to return a vehicle you just bought and get your money back, I believe at least one of the following would need to apply,

• Denied Financing
• Lemon Law
• Uniform Commercial Code (UCC) Rejection
• Unlawful Trade Practices Act (UTPA)

However, because of the uniqueness of your situation, I strongly encourage you to meet with an attorney that is experienced in dealing with car dealers in your state of Oregon. An attorney is best qualified to advise you on what your options are. I would like to also suggest contacting the Oregon Consumer Protection. They are familiar with consumer protection laws there in Oregon and should be able to further address your concerns. Their hotline number is 503-378-4320. Their web address is: https://sos.oregon.gov/business/Pages/business-consumer-complaints.aspx

I hope this information is helpful. I can be reached directly at vantillon@checkbca.org if I can be of further assistance.

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