View Full Version : Dealer trying to keep my deposit!!!!!!!
gardonani
10-20-2006, 08:27 AM
So here's the story. I put a deposit down on a new speed3 in conn. (I live in mass.), reason for that is no dealer in mass was being straight up with me about whether they were selling at msrp, anyways. With all the comotion about the speed6 and prices that people were getting, I decided to look into one. Since I was no longer interested in the speed3 I looked to my local dealership for a speed6. So me and the conn. dealership were communicating through email. I told him I was no longer interested in the speed3 and would like my deposit back. He says that I need to finish the transaction that we started and until I decide to do that he was going to keep my deposit. I already spoke to one of the forum members (II-Savy) about this, I just want some more input. I am so pissed.
edit: sorry mods, put it in wrong forum
DeanSweet
10-20-2006, 08:35 AM
What dealership? I would be calling the general manager of that dealer and let him know what is going on. Try to be civil. Also, call your bank and ask for assistance from them? See if they know of any reason why you would have to 'finish the transaction? Some states have liability laws that make you complete the tranasaction whether in writing or verbally. Was it a cash deposit or check?
gardonani
10-20-2006, 08:37 AM
It was a credit card transaction done over the phone. I'd rather not give out the dealership until this is resolved. I will let everyone know once its done. I actually called the sales manager and he said he would speak to the internet manager that I was communicating with over email.
dread
10-20-2006, 08:40 AM
Just contest the charge, your credit card company will throw it out.
gardonani
10-20-2006, 08:43 AM
Just contest the charge, your credit card company will throw it out.
Can that still be done, it was charged on 9/28, too late? If not what do I say?
rdandy5875
10-20-2006, 11:05 AM
WOW. I didn't think any dealerships did NON-refundable deposits.....
All you have to do is call the manager (you already did), or the sales IDIOT, remind them that you used a credit card, and ask them if they are going to issue you a refund, or if you are going to have to call your cc company.
gardonani
10-20-2006, 01:20 PM
I just finished giving them a call, and the guy told me that he wants to hold on to my deposit until the car sells. His reasoning is that I apparently told him to change the color on an incoming vehicle. This is not the case at all. He told me this after the deposit was made. I only wanted my name put to an incoming vehicle, not have one made for me. I'm not happy.
jred321
10-20-2006, 01:31 PM
that sounds unacceptable to me. you're paying for nothing. i would ask your credit card company to cancel the charge, there's no way the dealership is going to take on the credit card company, they know they'll lose
CitizenPro
10-20-2006, 01:33 PM
Thats some bullsheet.....id go hostile em. They have no right to hold your deposit unless they have some clause in writing, that you signed, showing they can keep a percentage or all of your deposit. Especially the crap you said there trying to pull about u ordering a certain color or what not. Even then, you can prolly get it overturned if u speak to a manager or threaten them with a lawyer.
My.02
Hughes412
10-20-2006, 02:43 PM
All of this is stupid, just call the card company. Tell them they are holding money on something you don't have and will not be buying.
gardonani
10-20-2006, 03:18 PM
All of this is stupid, just call the card company. Tell them they are holding money on something you don't have and will not be buying.
stupid credit card company's complaint system is down so they are making me fax them a whole bunch of shit. The dealership is saying that until the car sells I am not getting my deposit back.
Hughes412
10-20-2006, 05:40 PM
stupid credit card company's complaint system is down so they are making me fax them a whole bunch of shit. The dealership is saying that until the car sells I am not getting my deposit back.
Ok so here is your way out. Have a friend go test drive it. Have him put 5 or so miles on it. If he can door ding it or someting. Then you go in the next day, tell them you changed your mind and you want the car. Then go check it out. If that car and more then 10 or so miles or if it has 1 ding tell them you are not buying that one and that they have to order you another one!
I doubt they would bitch about your deposit then.
The toyota dealer here wouldn't even let me sit in a FJ because there was a deposit on it.
This sounds like total BS to me, just go through your CC company, and be done with it.
bazooka joe
10-20-2006, 05:56 PM
another freakin stealership story gone bad...what aholes!(glare)
stdntDrvr
10-20-2006, 06:03 PM
most dealers do "non-refundable" deposits. why? well, now that you've backed out, they've missed the opprotunity to sell the car to other buyers...granted you could have put the deposit down yesterday...the opprotunity was still lost. i took a non-refundable deposit from a good customer of mine...he backed-out...i gave it back. it's really up to the dealer whether or not they want to keep your deposit...so they probably don't care if you get pissed, you live out of state. you're not going to hurt their business. so, either get the 3 or lose your deposit. it sucks, but that's life.
stdntDrvr
10-20-2006, 06:07 PM
Can that still be done, it was charged on 9/28, too late? If not what do I say?
wow, n/m...i don't blame them...and i'm sure you wouldn't either if the shoe was on the other foot, but i'm in the car business...so i guess i'm an asshole for saying that :(
you have to look at it from their side too...if you were selling, let's say a house...someone put a contract on it...and backed-out...you get their binding money...or whatever it's called...it's been a long time since i bought a house...but it's the same difference. you had taken your house off of the market for that person...same with this car.
you may get your money back...but in all honesty, you really can't blame the dealer at all. you made the commitment.
Protege52003
10-20-2006, 06:20 PM
i have never had any problems getting deposits i have put down on cars that i have backed out on......!!!!!! i would be pissed. no dealer has ever questioned me on why, just returned it! they might have not been happy, but the always gave it back!
-R
bazooka joe
10-20-2006, 06:27 PM
i have never had any problems getting deposits i have put down on cars that i have backed out on......!!!!!! i would be pissed. no dealer has ever questioned me on why, just returned it! they might have not been happy, but the always gave it back!
-R
same here, never ever a problem...reputable dealers won't do this, they want you to come back some day!
jcgemt2003
10-20-2006, 08:20 PM
How much was your deposit? Take it out on the damn car if they wont give it back to you...when it gets there take for a test drive and beat the living shit out of it...Make sure you race the engine and take it to the grocery store...say that you were buying a pack of smokes or tampons...what ever you think will work best.....while your at the grocery store give some punk kid $5 and tell him to ram a shopping cart into the mother sucker at top speed and split...bring it back and tell them fuck off.
jred321
10-20-2006, 09:26 PM
most dealers do "non-refundable" deposits. why? well, now that you've backed out, they've missed the opprotunity to sell the car to other buyers...granted you could have put the deposit down yesterday...the opprotunity was still lost. i took a non-refundable deposit from a good customer of mine...he backed-out...i gave it back. it's really up to the dealer whether or not they want to keep your deposit...
i have to say, putting the shoe on the other foot, if i was the dealer i would not be pissed and would give the money back. there is no reason other than greed for them to keep the money, they are trying to get something for nothing. they are not out at all and it cost them nothing.
unless he signed a paper saying the deposit is non-refundable, it is refundable, just like if you put something on layaway at the store and then decide not to buy it. putting forth the money is a sign of "good faith" not a contract. when purchasing a house if you back out after the papers are signed but before the closing then you lose your deposit, until the papers are signed nothing is binding.
yea, it's not nice to put down a deposit and then back out, i understand that and understand the ill will felt by the dealer, but unless there are papers, they are holding his money in exchange for nothing, which in my mind is stealing. whether it's common practice in the industry or not, it's not right
so they probably don't care if you get pissed, you live out of state. you're not going to hurt their business.obviously it is hurting their business, i live in state and probably close to this dealer as i live in north central CT and once their name is released i won't be buying anything from them. communication is a crazy thing nowadays, isn't it.
this is part of the reason people hate purchasing a new car when in fact it should be a pleasant experience. there is always the feeling that dealers are trying to pull something over on them and those feelings are not without basis since customer service comes second (or lower) to profits in the automotive sales business.
op: check local laws. maybe even call the police department. in my mind it is the same as stealing assuming you didn't sign a contract saying otherwise, and the police may feel the same way and help sort things out
ronin12
10-20-2006, 09:57 PM
Damm and i was going to check this dealer out for the speed6, guess I might rethink it. Not too many authorized speed dealers around.
Hughes412
10-20-2006, 10:04 PM
wow, n/m...i don't blame them...and i'm sure you wouldn't either if the shoe was on the other foot, but i'm in the car business...so i guess i'm an asshole for saying that :(
you have to look at it from their side too...if you were selling, let's say a house...someone put a contract on it...and backed-out...you get their binding money...or whatever it's called...it's been a long time since i bought a house...but it's the same difference. you had taken your house off of the market for that person...same with this car.
you may get your money back...but in all honesty, you really can't blame the dealer at all. you made the commitment.
Even when buying a house you have time to back out after all things are settled. You pay a $75 fee. That gives you the option to back out for any reason. So if this or any dealer keeps your money they are dicks.
bazooka joe
10-21-2006, 07:59 AM
i gave a guy and his wife back 5k deposit on our house...i hadevery right to keep it, not worth the headache and drama! the dealer will have no problem moving the ms3
Brian MP5T
10-21-2006, 08:03 AM
Sorry to hear that your dealer is being a DICK.
The MS3 will not be in his shop any longer than 3 Days so I don't know what his problem is.
gardonani
10-21-2006, 10:02 AM
Thanks for all the responses guys, I really appreciate it. This is my first new car buying experience and its been complete :bs: . I wrote to mazda yesterday to see if there was anything they could do.
The thing that sux is that I was never told before putting the deposit that I was "ordering" the vehicle. If I was told than I can understand their position. This was an oversight on the dealers part and one that I should not have to pay for.(btw the deposit was 500) It just doesn't seem legal to me. These guys are persistent and will not budge. I told him the car will sell, so why put me through this, but he replied that I will not get my deposit back until the car sells. I was told that the vehicle will be here in december, too long of a wait for me, especially if I'm looking into getting a speed6. I will release the name of the dealer when this thing gets resolved, I won't let you guys get screwed too, thanks again.
dread
10-22-2006, 10:19 AM
Why don't you ask them if you can put the deposit towards a speed 6. Contesting a charge on your card can take 2 months, so if you want to go that route you may want to get started.
gardonani
10-22-2006, 08:03 PM
Why don't you ask them if you can put the deposit towards a speed 6. Contesting a charge on your card can take 2 months, so if you want to go that route you may want to get started.
I refuse to give these guys my business. It's looking like i'm gonna wait until they sell the car to get my deposit back.
CreatureCore
10-22-2006, 09:02 PM
They need to write non refundable policy on the contract you sign, if they dont then they have to refund it by law.
psi365
10-23-2006, 02:12 AM
The sister store to my work had custom ordered a car for customer that piled on the options. He also ordered it triple green. It was a 911 convertable, green exterior, green top, green interior. I think it stickered for over $105k. Car shows up exactly like the customer wanted. The guy takes a look at it and decides he doesn't want it. Now with the options and color combo this guy made the dealer is stuck with basically a car they can only sell if they heavily discount it to the point of a complete loss. So yeah they kept the guys deposit on it cause they knew they'd loose trying to sell it.
They may not have "special ordered" it for you but instead took a car that they were going to get and changed it to what you wanted. Depending on what you wanted might make that car harder to sell cause of certain options, or color. Add to that how many 06 MS6's that are still sitting the dealer is playing it safe incase the car you wanted does sit for a long time or if they have to really discount it to sell it. Is it right? No cause it creates bad faith between you and the dealer. To go out and test beat the car and purposely cause the car damage is just stupid and childish. No I am not a car salesman, but I do see boths sides of things.
Hughes412
10-23-2006, 09:14 AM
The sister store to my work had custom ordered a car for customer that piled on the options. He also ordered it triple green. It was a 911 convertable, green exterior, green top, green interior. I think it stickered for over $105k. Car shows up exactly like the customer wanted. The guy takes a look at it and decides he doesn't want it. Now with the options and color combo this guy made the dealer is stuck with basically a car they can only sell if they heavily discount it to the point of a complete loss. So yeah they kept the guys deposit on it cause they knew they'd loose trying to sell it.
They may not have "special ordered" it for you but instead took a car that they were going to get and changed it to what you wanted. Depending on what you wanted might make that car harder to sell cause of certain options, or color. Add to that how many 06 MS6's that are still sitting the dealer is playing it safe incase the car you wanted does sit for a long time or if they have to really discount it to sell it. Is it right? No cause it creates bad faith between you and the dealer. To go out and test beat the car and purposely cause the car damage is just stupid and childish. No I am not a car salesman, but I do see boths sides of things.
In a case like yours I can see the dealer making you put down a deposit. But I also bet your dealer has some clause in it stating that if you back out they get to keep your money. Your not talking about s 20k mazda here, so things are different.
In his case on what info he has given us there is no reason why they should keep the deposit. The options listed are ones that just about everyone wants. Most people don’t care about color anyways. I wanted the blue pro but they didn’t have one so I got green. My point, they can sell the car. They are going to have to discount them anyways, they will not sell that many for 24+k.
shark77
10-23-2006, 02:22 PM
If you didn't sign anything, then you can get your money back. But often times, when you sign something, it will be contingent on financing, or on your trade in value of the car you are gettin rid of. You could have them draft all the paperwork up and then tell them it is just not going to work. They have to give you your money back, unless you signed something explicitly stating that it is completely non refundable.
gardonani
10-23-2006, 02:49 PM
Did you sign ANYTHING?
I didn't sign anything, all communication was done through email and the deposit was put down over the phone. The phone conversation did not include anything regarding the deposit being refundable or not. This may be my first experience with buying a new car, but I know what I heard from the dealer and what I said.
CreatureCore
10-23-2006, 06:52 PM
Contact a lawyer, most lawyers give free consolations.
NoRotor,NoMotor
10-23-2006, 07:02 PM
contest through the CC company, you paid for something you didn't recieve simple as that
if they hold your deposit until the car sells make them pay for the interest that you got during that time as well
i think a simple call from your CC company to the dealership will get that deposit back fast though
gardonani
10-23-2006, 07:35 PM
contest through the CC company, you paid for something you didn't recieve simple as that
if they hold your deposit until the car sells make them pay for the interest that you got during that time as well
i think a simple call from your CC company to the dealership will get that deposit back fast though
Sent out a dispute fax to my CC company. Gonna see how long that takes. Interesting point about that interest, I never thought about it like that. Your right, my money isn't doing anything in their hands. Hopefully I hear from the cc company soon.
Hughes412
10-24-2006, 10:30 AM
Don't waist time man. If this was me I would be all over their ass.
gardonani
12-29-2006, 12:31 PM
Thanks for all the comments and support. Not trying to revive an old thread just wanted to give an update to those interested.
Update: Received a full refund of my deposit from my credit card company a couple weeks back. Have not heard anything from the dealer. Anyone interested in the name of the Connecticut dealer send me a pm. Once again thanks.
CTGrey02
12-29-2006, 01:32 PM
PM sent. Thanks for the update.
slammie
12-31-2006, 05:25 PM
It's amazing to me how far some of these folks will go to push you into a car. I remember looking at a Taurus SHO several years ago. It was used, I had put money down on it and had taken it for the night per my agreement with the dealer to take a extended test drive. When I returned the car deciding not to purchase after all, the used car manager would not return my deposit telling me I had taken possession of the car. I tried to clarify what had occurred and he contnued to be an ass. He argued with me....it was so unprofessional. I went right into the main building to speak with the manager of the dealership who agreed to give me the deposit back.
Bottom line: do not ever put a cent down on a car until you are comfortable with the purchase and everything is finalized as much as it can be. HA, here I am typing this with a deposit down on MS3 due to arrive in late January!
gardonani
01-02-2007, 09:52 AM
It's amazing to me how far some of these folks will go to push you into a car. I remember looking at a Taurus SHO several years ago. It was used, I had put money down on it and had taken it for the night per my agreement with the dealer to take a extended test drive. When I returned the car deciding not to purchase after all, the used car manager would not return my deposit telling me I had taken possession of the car. I tried to clarify what had occurred and he contnued to be an ass. He argued with me....it was so unprofessional. I went right into the main building to speak with the manager of the dealership who agreed to give me the deposit back.
Bottom line: do not ever put a cent down on a car until you are comfortable with the purchase and everything is finalized as much as it can be. HA, here I am typing this with a deposit down on MS3 due to arrive in late January!
I know what you mean. I just wanted to guarantee myself an ms3. I won't let this happen to me again. Ah well, lesson learned. Can't complain though, riding around in my WWP ms6 makes me forget all about this mess. :)
quiet desperado
01-02-2007, 09:59 AM
Contact a lawyer, most lawyers give free consolations.
Any consolations are usually free, but a consultation in a contracts case will usually run you a couple hundred.
quiet desperado
01-02-2007, 10:03 AM
I know what you mean. I just wanted to guarantee myself an ms3. I won't let this happen to me again. Ah well, lesson learned. Can't complain though, riding around in my WWP ms6 makes me forget all about this mess. :)
If you didn't sign anything and used a credit card, you can contest it with the credit card company. Or you could just take it to small claims court. Less than $50 filing fee and it'll probably get them to cave. At a minimum you'll be forcing the manager to spend a few hours in magistrate's court. He's probably got better things to do.
dcomiskey
01-02-2007, 03:19 PM
I hope this is a lesson for the OP to ALWAYS HAVE IN WRITING A REFUND POLICY. That's what I made absolute SURE of when I put a down on my MS3. I'm assuming this wasn't Stamford, as they have a clear refund policy as long as you have the original yellow "order" sheet.
Glad the CC co. stepped up for you.
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