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Dealer Buyback/ Customer payment default

AI Summary

A dealer facing a first-payment default and forced loan buyback is asking whether they must refund the customer's down payment. The general consensus from practitioners is that the dealer typically keeps the down payment when a customer defaults this early, as it's considered non-refundable once the vehicle leaves the lot — though members emphasize checking state-specific dealer laws and the exact language in the retail installment sales agreement. A secondary question was raised about whether a finance company can demand a buyback before the first payment is even due, which was left unresolved.

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A customer did not pay for their first payment, and now I have to repurchase the car. Does the dealer have to refund the initial down payment to the customer, or does the dealer get to keep it?









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It really depends on the specific language in the retail installment sales agreement and your local state laws, but usually, if the deal was rescinded because of a payment default, the down payment is used to offset the liquidated damages like repossession fees and vehicle depreciation.

Did the customer voluntarily return the car or was it a forced repo, and did you already send out a formal notice of intent to keep the down payment to cover your losses?
 

✨ AI Highlights

A dealer facing a first-payment default and forced loan buyback is asking whether they must refund the customer's down payment. The general consensus from practitioners is that the dealer typically keeps the down payment when a customer defaults this early, as it's considered non-refundable once the vehicle leaves the lot — though members emphasize checking state-specific dealer laws and the exact language in the retail installment sales agreement. A secondary question was raised about whether a finance company can demand a buyback before the first payment is even due, which was left unresolved.

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