Expired drivers licence

[Anonymous]

I bought a car with an expired drivers license.  After the purchase car has a lot of issues, and I want out of car loan. I gave a 4000 dollar down payment. The loan can not be funded without a valid drivers license and the car payment is coming due soon. How can I avoid losing my down payment? Dealer does not want car back.

[Remedios]

Hello and welcome to the forums.

Any particular reason why you cannot renew DL? 

[Brian_Earl_Spilner]

Technically, you don't need a driver's license to buy a car, but if their lender requires it, that falls on them for not checking during the sale. Unless you misled them.

[Anonymous]

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@Remedios wrote:

Hello and welcome to the forums.

Any particular reason why you cannot renew DL? 

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I'm curious on this too.

[RobertEG]

Did you sign a loan contract/agreement (I presume so, since a payment due date exists)?

Is so, and if a lendor prerequisite for loan approval, wasnt there some certification on your part that you had a valid license?

Have you already contacted the creditor and expressed a desire to void the existing contract?

If so, what was their specific response..... do they consider there to be a valid, enforceable contract?  ARe they willing to kill the loan agreement?

With those facts in mind, it would appear that the misrepresentation was on the part of the consumer, and thus the party who is adversely affected by the misrepresentation is the creditor and not the consumer.

It may be difficult for the consumer to void a contract based on a material representation that has a substantive effect on the lendor, and not the consumer.

I would strongly advise consulting an attorney before deciding to attempt to unilaterally void the contract.

[Anonymous]

I would think the $4000 down payment loss would exceed whatever issues you've encountered with the car, so it may just make sense to fix it... or band-aid it to the point that you can sell it and hopefully don't take a loss.

[designated_knitter]

I'm assuming this was a used car and would most likely be considered an "as-is" sale.  

Did you do a pre-purchase inspection or did the dealer misrepresent the car?  

Not an attorney but would suspect that you are not going to be able to undo the deal... particularly since you were at fault for having an expired license.