Flipstar30

I have been waiting for my TL for some 4 weeks now,and have put the deposit down too. But unfortuantly things have changed in my life to the point where i need to evalutate my priorities and getting a new car is not high on my list right now. I put a deposit down 4 weeks ago and I called the dealership today and they said that i would lose the whole deposit.

The car was either built this week or is going to be built this week. I was to have the car by June 15th. They were going to trade this car from a dealership in Oregon that originally was going to have it in their inventory.

Is there anything that i can do to get the deposit back? I paid the deposit with a credit card and not cash. Is there a way i can just file a claim through the credit card company and say that the goods were not transfered to me. I didnt sign anything, so does the deposit make that a legal binding contract? Any help on this issue would be appreciated, i know that losing the deposit is the last thing i want to do, but i wont let it go without a fight! Thanks in advance for your help guys!

subinf

buyers remorse...probably wont get your deposit back. you paid to have the car by a certain time and unless its not delivered to you by that date you lose. if the dealer cant get you your car in time you might be able to fight that they didnt follow through on their obligation to deliver, but that will be difficult.

RJANACONDA

iTrader: (1)

have you tried simply telling the dealer that you changed your mind? im sure they will try and talk you into getting it but stayy firm and tell them that you dont want it like you said you didnt sign anything. I think the whole deposit thing is just to limit ordering specific cars for people who are more serious about buying them so they dont loose money. If that car was going to go to another dealership then I dont think that one was ordered just for you so they shouldnt be out of anything by giving you your money back.

Flipstar30

That is what i was thinking too, but this is not one of those cases that is a buyers remorse deal. I have wanted that car for such a long time it isnt even funny! My circumstance is that my company is laying people off and i am pretty sure that im not on that list, but just in case i dont want to be burdoned with a 38k car with no job and payments eating into my savings acct. I just recently found this out this week, and i have had this deposit at the dealership 4 weeks ago. Things change in a month. Thanks again for all the advice! greatly appreciated!

caha14

If nothing was signed, and the dealer continues to refuse to refund your deposit, go through your credit card company, and they should take care of you.

There was no service performed or goods transferred for the money you paid. With nothing signed indicating that the deposit is non-refundable, a deposit is simply a prepayment on the car that you will no longer buy. Most dealers I know will give you a little grief but will eventually refund your deposit, realizing they have nothing to stand on.

Nandito28

out of subject, When I gave them my credit card for the deposit (500)...they never charged it....

Did you guys get your deposit back once the car was delivered?

maluskills

I placed deposits at abt 3dealers before buying my car and I specifically asked if Id get my money back if the deal didnt work out. They all said YES and I got money back from all 3 places. They said legally they can't keep the money without giving me a product. AND if you didnt sign anything....it should be simple to get the money back. Escalate it to the Dealership General Manager, if he refuses-tell them your lawyer will contact the credit card company and get the money back that they are wrongly withdrawing. A dealership shouldn't ever really be doing a money transaction without paperwork...
Good luck

ttliang

been there done that... ^ what he said^. don't even bother with lawyers. credit card company will put in dispute for you and refund you the $$$ meanwhile. they got no ground. you didn't buy anything yet.

streese

Call your CC company. You did not take delivery, and there is no binding agreement, so they have no right to your money.

Steve

davenlei

Just call your credit card company and dispute the credit 'hold' of $500.00 Since they have not even charged your card and have only put a hold on that amount, you should be fine.

Either way, if they will not release the money (which they will), do not take delivery of the car from the dealer. Just keep telling them you are too busy to come right now. They cannot take any money from you if you did not sign anything and you do not take possession of any goods or services.

Flipstar30

Thanks again for all your suggestions. I will call my credit card company and see what i can do from their side. I know that is i dont take delivery of the car then no goods were transfered so they would have to give my money back. More suggestions please, this is really making me feel better that i wont be losing money on the situation.

subinf

^-if you get the car on the promised date then the dealer is following through with their part of the oral contract. that might be the only thing that can screw you over, but given that the TL is still very popular I really dont see that happening.

MichaelBenz

iTrader: (2)

Notify them in writing NOW that intend to back out. Car hasnt moved yet from what you have said.....they wont even charge your card....they cant. And if they do....just call and simply refuse the charge. Why do you think Paypal exists......makes it harder for you to do this and screw a seller of goods! In this case....due to the lack of paypal...you are well on your way to success. Crap...if you didnt sign anything...how are they going to charge your card anyway....especially with a written statement from you stating you are not interested in the mix? They are just trying to stop from losing a sale and losing money as they DO have minimal resources tied up in the finding and arranging the building/or trading of the car you wanted with another dealer....but this is business as ususal for the most part....sellers lose like this occasionally and may lose a little scratch....but hey....thats why their profit is what it is when they sell goods. It all works out in the end. Besides...even if they were FORCED to take delivery...they would just resell it again and put this loss on the "folder" they have on their cars and backcharge it to the next unsuspecting customer as needing x dollars more to make this deal go though to be able to sell it to you at cost...or whatever their line would be. It will all work out for them too.....

Flipstar30

thanks for all the info, i will be talking to the sales manager (who i have been dealing with the whole time) tomorrow. I might have to talk to the GM, but i really dont want to lose my deposit b/c things have dramatically changed in my life. Thanks again for all your help guys!

E-luzion

Maybe I missed it in reading this post.. but was the car a special order, meaning built to your specifications or just a regular purchase. If it was built to your specs, the dealership could claim "specific performance" on you.. meaning it was a specially ordered vehicle and they can keep your deposit as damages for backing out of the deal.

Every dealership is different, granted you didnt sign anything but you entered into a contract by putting a deposit down...hopefully everything i mentioned wont apply, and the dealership just gives your money back.

Flipstar30

I dont think it would be a special order b/c they were getting the car from oregon that was suppose to get the car. My dealership just located one that was being built and would trade an AT for a MT. I hope that it doesnt apply to me b/c that would suck big time!

prelude81

If this is a respectable dealer (and I'm sure it is being that it's an Acura dealer), I doubt that they would want to keep your deposit without giving you a car. They don't want someone out there who is going to hold a grudge against them and tell everyone how they shouldn't buy there. I think you need to talk to a sales manager and maybe even to the owner directly and explain your situation.

What do you mean by the car is being built now? Isn't it just a regular TL w/Navi in the color you wanted (I thought anything extra like a body kit is installed by the dealer)? I wouldn't call that a specific car being built for you. The fact that the dealer hasn't incurred any costs on behalf of your car should allow you to get your deposit back.