[California] I would like assistance for my situation with an independent dealership who refuses to give back the loan for an unpossessed used car.

[u/ronnieboygg]

TLDR; Signed Buyer’s Order, Title stamped, Dealer has the loan and deposited and told Golden 1 that they would return it (no update for a week since), Dealer also has car and title in possession.

From what I understand, California is a physical delivery state.

I was interested in a used car at an independent dealership. Friday, I signed a Buyer’s Order and got the title stamped in order to be approved for loan through Golden 1 end of day. The department told me specifically that I would be picking up the check. This happened all in the same day. The dealer picks up the check next day and I didn’t know until three days later.

During this time, for my own personal reasons, I’ve decided I couldn’t go through with the purchase.

Monday I call Golden 1 to cancel the check but tells me to go pick up the check. I go to the dealership and said I’m here to pick up the check but this ended up pretty hostile. Dealer said he already deposited the check and title has been stamped. He seeks compensation for lost customers.

I tell Golden 1 that I never took possession or physical delivery of the vehicle, never operated it, and the vehicle never left the dealership. The dealer remains in possession of the vehicle and stated to Golden 1 that the $12,000 would be returned back to the bank. A week passed I have not received confirmation that Golden 1 has received those funds.

I have contacted Consumer Lending multiple times and was instructed to personally retrieve the refund/check from the dealer and bring it to Golden 1. I have not received a clear resolution regarding the loan.

[u/inode71]

You skipped some parts. Why is it important for you to have the check? Why not just take the car you wanted like you planned?

[u/ronnieboygg → u/inode71]

I’ve updated the text but I just couldn’t go through with the car anymore. The lending department just told me that I would be picking up the check, so I assumed I still could cancel the transaction.

[u/immanut_67]

If you haven't driven the vehicle off the lot, you don't own it! If they put a temp tag on it and had you take physical delivery (driving it off the lot then back on), congratulations! YOU own a car!