Ok heres the story

put a down payment (500) @ Island Acura/Wantagh, NY on a 6sp nav first week of November. They told me 6 weeks. Spoke to the salesman 3rd week dec and car wasnt to be built until 3rd week of january. told salesman 1st week of january that i wanted to cancel and wanted my deposit back. The car still hasnt been built so why are they telling me they cant cancel order and refund my deposit????

Need some advice please

 

I don't think that they can legally keep your money without providing a product.
Tell them to give your money back or you're taking them to small claims court.
Also contact your credit card company - you DID use your credit card, right?!

 

My first advice is read the paperwork/sales order and see what if anything it says about cancellations/refunds of deposits. I'm more or less in the same boat as you. Deposit $1000 on 11/04 and car is due 2/1, but my salesman/dealership has been up front with me from day one. They told me if they couldn't find the car locally in NE, then they would deliver between 12/15 and 1/31. A few weeks after my deposit they gave me a build date of 1/14-1/18 with deliver date of 10-14 days later. So I'm still waiting but have been in the know all along.

Rob

 

You placed you deposit in "Good Faith" you should be able to have a conversation with them stating that they are not keeping up their end of the deal and as such, you want you money back.

If they don't play nice, nice, you may need to retain a Lawyer.

Mike Smeezy

Antracite/Ebony/Navi/5AT

 

It's really very simple: did you sign anything that said that the deposit was non-refundable. If your answer is:

"NO" - the deposit is fully refundable and they have to credit your card right away (you did pay with a credit card, right?). Dispute the charge immediatelly with your card issuer! If you paid with a check, it's going to be harder to get your money back, but legally they can't keep it. You should always use a credit card for deposits.

"YES" - you're out of luck and it doesn't matter how long it takes Acura to build the car.

 

yeah but the point is the car hasnt been built yet. if this car i going to be a non seller on the lot then cancel the order. You know that this car would be sold at msrp within a week

 

Stymiedny, you should direct your question to the Attorney General of NY, or the equivalent person of position. In a business law class I had a few years ago we did a case study on auto dealerships in Washington State. Here in Washington the deposit is 100% refundable unless you were having special modifications done to the vehicle that would be considered beyond normal options. If you used a credit card or some line of credit then you should contact the agency of credit and put a block or a retraction on the payment. If it was cash then tell the General Manager of the dealership that you will file a complaint with the Attorney General if they do not issue a repayment within a reasonable amount of time. That is to say that they may not be able to hand over $500 right there and they may ask you to come back in the next day of two and pick up a check.


Good luck
rh

 

I have no idea what you just wrote. Do you mind restating?

So did you or did you not sign anything that said the deposit was non-refundable? If you did, it doesn't matter how quickly the car would sell, if you don't buy it. It's the same way in real estate: you loose your deposit, if you cancel the contract, even if they have a buyer at a HIGHER price the same day.

 

I'm just reading the back of my sales slip on my 04 TL --

"Upon Failure or refusal of the purchaser to complete said purchase for any reason other than cancellation on the account of increase of price, the cash deposit may be retained as liquidated damages."

I'm sure this is standard boilerplate for most of our contracts. In my case, I used a check -- howerver the good news is that the dealer did not depost it yet. So I can still cancel it.

However because they dropped the ball on me on my order, I decided to locate some cars that I wanted on other dealers lots. In a matter of minutes we found what I wanted about 40 miles away. Car will be delivered to my dealer tomorrow, and I'll take delivery next Thursday.

 

Did the sales agreement say you're S**t Out of Luck if you cancel?

If not, call & call & call & call & call the dealer's sales manager, then the dealer's owner(s). Become a pest, a pain in the ass, go there nicely dressed on a busy Saturday afternoon when they're loaded with potential customers and speak out loud (without going overboard) your displeasure over their lying underhanded bulls**t making sure as many others hear you as possible. Tell the other browsers what happened to you. They'll be glad to pay you off just to prevent other sales from leaving.

Take it from someone who became one of the worst nightmares in the history of American Honda Motor Company. I bought an '86 Accord that was actually vandalized on the assmebly line and was ready for the junkyard after 3 1/3 years and 44,000 miles. By the time I was done with Honda, they bought the car back for full the original purchase price toward a new car. Imagine if the internet existed back then.

Remember, the squeaky wheel gets the oil!

:devil:

 

make a scene at the dealer. they will give you your money back and not want to rish losing customers

i was screwed alot by trying to be the nice honest guy. now its credit cards and if someone promises something, its a written statement. no words. hey you learn the hard way sometimes.

damn your love the car also.

 

You should be able to get your deposit back easily.

For one thing, the old 'we ordered you a car' is bogus with Honda / Acura. There are only a few options: auto vs man, HPT vs standard, Nav non Nav along with color combo. So NO car is ordered for a particular person. Now, it you go to a Chevy or Ford dealer where they have about 100 options, then yes, it was ordered FOR you. They might not be able to sell the car to someone else with the options you picked, so you lose your deposit if you do not complete the purchase. Not here.

If you did not have a delivery date on your contract, then go to them and DEMAND that they return the check.

 

Dulnev's answer was the best.

You can't fight something if you signed anything stating that they get to keep your deposit if you decide to cancel. If you did sign a contract, you signed it in good faith. A contract protects your rights as well as the dealer's.

You haven't stated whether or not you did sign a contract but your reasoning they should give you back your money based on the fact that the car hasn't been built yet and that NAVI car's are in big demand has nothing to do with it if you signed a contract.

I agree that in the name of good relations the dealer probably should give back your money but they don't have to if you signed a contract.

So tell us Stymie did you or did you not sign a contract?

 

I hate to agree, but as a person who has worked for government for the past 16 years, it is absolutely true.

*****, yell, scream, do whatever it takes to get them to take care of you.

 

You didn't get a car so they don't get to keep your money. Even if you signed something saying that it is a non-refundable deposit, they can't keep your money if you didn't receive the agreed upon goods or services.

It is understandable that they stress the "non-refundable" line because they don't want people holding a car that aren't sure they want to buy it. That being said. There is not a judge in the country that would side with them on their so called policy.

I would go to the sales manager and ask him if he would like a judge to rule on the legitimacy of their policy? My bet is that he will not take you up on your offer for $500.

 

Not sure that I agree with this statement. You did sign something that says you lose your deposit if YOU cancel. But, by not delivering the car, THEY may be in default of the contract. Does the contract mention any timeframe for delivery?

 

I` ve got THE answer for you, since I had a similar problem. They MUST refund your entire deposit, right up to the point before they PREP the car. Even if they say your car was just delivered, as long as they don`t put any work into the car, your in the right!

 

Yeah, actually, if you signed anything saying the deposit is non-refundable, you have no rights to get it back. Think about it - why would the dealer want you to put in a deposit - to help commit you into buying the car. If you put money in as a deposit, and are thinking about not wanting the car, the fact that you wouldn't get your money back is the inscentive that helps prevent you from backing out and leaving them stuck with the car. Now, I agree, in the case of this high-demand car it is crap of a dealer to demand a non-refundable deposit because clearly the car would sell to someone else pretty quickly, but if they required it and you signed a statement agreeing it was non-refundable, you're screwed.
Compare it to making a hotel reservation - they take your credit card number and tell you clearly that whether you show or not, you're card is getting charged if you haven't cancelled by a certain time. And you don't even sign anything in that case!
Personally, I would tell any dealer if they try to demand a non-refundable deposit, I'm walking. Most dealers will probably want your business and drop the non-refundable part (but for whatever stupid reason might still want a refundable deposit)

 

Airline,
The only reason that Hotels can do that is that they are out a product (rentable room) if you don't show. If the consumer can prove that the room was rented for the night they were charged, they are entitled to a refund.

In this case, the dealership has a new TL to sell to another customer. Therefore, they can not keep the deposit unless they can prove that the car is now unsaleable. Unless you ordered it with a ton of special mods, the dealership has no case.

 

In what world do hotels refund money, if they were able to rent out the reserved room??? I've been traveling on business very frequently for the last decade and have never heard of such a policy.

As far as the dealership's rights, they CAN keep the deposit because the contract says so, period! It's contract law 101 and you obviously skiped that class. It doesn't matter whether they're able to sell the car same day or not.

 

I went through the same thing with those a$$holes over at Island Acura....then took my business to Rallye where they matched the quote.

 

also if it has been over 30 days you are entitled to get your deposit back....read the back of the form.

 

What country do live in?

Bartman, hmmmm. Did you try to catch a ball at Wrigley Field?

 

Dulnev,

Do not say that it is contract 101 without knowing what is signed. I had a 'signed contract' to buy a car years ago. Well, it actually was not a 'contract', but an agreement in principal. They try to say it is non-refundable so you will not go to some other dealer. It is only a contract if they have a specific car that they ORDERED FOR YOU. It takes consideration on both parties. If the dealership says 'whenever we get in a car that is what you want, we will sell it to you' they have not provided any consideration. They are just holding your check or your money. The contract is
voidable. If Acura has not built or has delayed building the car, I would also say that the contract is voidable as again nothing has happened on the other side.

Since I am not a lawyer, maybe one of those types will enlighten us on the REAL legal aspect.

 

I have asked an atty about this specific subject since it has appeared on this forum several times, and he confirmed my points about the "non-refundable" deposit.

If I'd have tried to catch that ball I would have caught it and you guys should get over that whole deal because the reason you lost the game was ultimately because your shortstop choked.

 

The problem is that most people don't have time to worry about proving their case. Hotels count on the fact that you will never look into it and just let it go. If you look into it further you will find that you are entitled to your money back if the hotel rents that room on the night that you were charged for. It is not easy to prove unless you have inside information and it is not usually worth the effort. The point is that the dealership has no right to keep his money and anyone who would just walk away from $500 because some jackass in a cheap suit says so is foolish.

People, you have to remember that most (not all) car salesman are in that profession because they can't get a real job. You are smarter than them so act like it.

 

I did sign a contract but do not have it front of me to read it because I am out of town. I also put the deposit on my AMEX. The salesman told me I have to take it up with the sales manager who will not be it till Thursday.

I will keep everyone posted. Thanks all for your feedback!!

 

We certainly have a wide range of opinions on this. I did some quick searches on the Attorney Generals web sites. They are the agency that is charged with consumer protection. Here is a quote right off of the AG of NY:

Refunds:
Many consumers mistakenly believe that the law entitles them to a refund of their deposit if they decide not to buy a car. However, there is no right to cancel a contract. However, if the dealer assists you in arranging for financing and you have not picked up the vehicle, you may cancel at any time prior to signing a finance agreement and receive a full refund.
http://www.oag.state.ny.us/consumer/...ar_buying.html

All is not lost, but as for the legal footing the dealership has the advantage.

 

I totally agree there were far better reasons for the Cubs demise and it wasn't an errant foul ball, this totally unbiased observation from a South-sider and life long White Sox fan.

 

One thing to keep in mind: Just because you signed a contract, it doesn't mean that it can't be contested. That's what the courts are for.

Obviously, the dealership would love to keep your deposit. If they say, "Hey, you signed the contract", they're hoping that you won't contest it by yelling while there are a lot of customers on the floor (my favorite quick resolution), or calling a lawyer, or taking them to small claims court.

However, just because you signed the contract doesn't mean that they have a legal right to keep it. You will need to research your local laws to find out the real truth.

I have seen totally ridiculous clauses in contracts in the past.

One of my favorites was on an apartment renting contract. The basic message of the clause was: If you are injured on our property, and you were injured because we (the property managers) were found negligent for any reason, you won't try to sue us for any damages or medical claims.

Yeah, right. How about we let the courts and local laws decide whether the negligent property managers don't owe an injured claimant any money?

I doubt that would have stood up in court. But lots of people think that if they sign a contract, it's all over.

 

When this happened to me several years ago I simply said "Give me back my money or I am calling my lawyer". He then agreed to refund my deposit. The deposit was 2k and he had had it for 2 months.

Also, an Acura salesman told me that even if your were told at the time of the deposit that it wasn't refundable, they legally have to refund it at your request.

 

Yes, of course, if stymiedny is persistent he will get his deposit back. Legal ground not withstanding the dealership will not want to jeopardize their reputation over $500. If it was my $500 I would take every possible measure necessary to get my money back.
Now, with that being said the legal position is clear according to the AG of NY. A contract was signed and if the dealership did not violate any of the provisions in the contract then they are free to retain the deposit.

 

They are opposite to your lefts! Good dealers never ask for deposits.

 

Funny, I've never heard of a dealer that takes an order for a new car without some form of deposit.

 

As has been mentioned throughout this thread, a lot will depend on what the contract says, what the local laws say and the overall business practice of the dealership. I think it's fair to say that if you make a little (or a lot) noise you may get your deposit refunded. It may also help for you to get vocal (read "loud") on say a very busy Saturday or Sunday afternoon when the dealership might be full of other perspective buyers.

 

DMZ when I "ordered" my 6 speed I just went to my salesman, he asked me what color I wanted and that was it. The car I chose was going to take a while but I told him I would take the first 6 speed he got. I asked if he wished for a deposit and he was almost insulted. The next day I got a call that they had unexpectedly recieved a 6spd and that it was mine if I wanted it. That was it! I had the only 6 spd in WI for over a mth! That's what I call service!!!

 

Agreed! But here in NYC, unless you're willing take whatever the dealer happens to have in stock or get his hands on without regard to any specific color/trans/feature combo, no tickie no washie, that's for sure.

 

Has anybody ever gotten their deposit back?

 

Why? That's too general of a question. Of course people get their deposits back, if they are refundable. I got several deposits back over the years. But some deposits may be nonrefundable.

 

sorry, how about non-refundable deposits?