you didnt quote the IF part lol. that was a very important part of my statement!! lol
well yeah more details would help then lol
I’m so glad that you feel the need to post completly inaccurate information trying to help people.
---------- Post added at 04:01 PM ---------- Previous post was at 03:59 PM ----------
They have no right to keep his deposit. If they didn’t sell him any part of the products as promised, then they have to return the deposit. The only way they can prove to kepp the deposit is if they have proof showing that they lost a sale due to the deposit being on the car, which in case they have back up deposits in place in order to get the deal done.
If it was that important you would have capitalized the “IF” not the “IN WRITING” part… and wouldn’t have started with “YOU BACKED OUT NOT THEM.”
Either way, he gave someone money over the phone with nothing in return except a verbal statement that has changed a few times since.
for 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.ag.ny.gov/bureaus/consumer_frauds/tips/new_car_buying.html
so they would have to give it back if they were in new york unless you had entered into a contract. If you signed a contract saying non-refundable deposit then you can’t void the contract and they keep it.
Over the phone? Then it was probably with a CC. Call your credit card company and tell them that the dealership backed out of the deal and won’t return your money. Done.
If you gave someone your bank account info over the phone for a verbal agreement then you’re just a fool who was soon parted with his money.
---------- Post added at 04:07 PM ---------- Previous post was at 04:06 PM ----------
Though it sounds like you gave a deposit before coming to agreement, in which case you again are a fool. :tup:
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Dealership isn’t in NY.
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There is no signed contract that he would be canceling.
Exactly what I said.
He thought the deposit was to hold the car while he worked out a deal. I think most people would think that too.
---------- Post added at 04:13 PM ---------- Previous post was at 04:10 PM ----------
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.
THIS is what’s happening. He has NOT entered into a contract or signed a finance deal.
So what you’re saying is… he just gave them money. lol
---------- Post added at 04:23 PM ---------- Previous post was at 04:17 PM ----------
Cool story bro. But it seems that you’re wrong.
If you gave me a deposit on my car that i was selling via paypal or whatever, check, etc. And you Backed out or did not give full payment within X days because you had AGREED to purchase my car… then i keep the deposit. (none of this should ever be verbal)
If you give someone money to hold a car and then back out, im sure you can “prove” that you lost a sale.
What i was saying was him going off of a contract.
This is a gray area.
sounds like the deal should have been more clear at the start, and not assuming things.
Cool story bro. This isn’t verbal, this is the law. I do this for a living, I know what I am talking about. They legally cannot keep his money without providing the product as promised and that is not what they are doing. Just stop trying to justify your make belief laws because they won’t hold up when lawyers get involved.
No wonder the negotiations didn’t go favorably. “Here’s some money, now lets see if we can work out a deal”? Back asswards…
deebo You do know that bobbyg1243 sells $100,000+ RV’s and does this daily right?
There is no contract.
There is no deal.
IF THERE IS NO DEAL, AND THERE IS NO CONTRACT THEN HE HANDED HIM MONEY FOR ABSOLUTELY NO REASON.
Not at all. A deposit holds the vehicle while the purchase price and financing are hashed out. Sometimes your financing institution doesn’t move as fast as someone elses and without a deposit a stranger can swoop in and take the car. Happens all the time.
I lost out on a Range Rover in Long Island because I didn’t put a deposit on it and wanted to wait for my bank to respond… and some guy from Panama swept in on the same day with cash and took the truck. The dealership would have held the truck for me if I had made a deposit on it.
The dealership can try to keep the money all they want. In the end it will result in, a bad reputation, giving the deposit back and them paying for lawyer fees to try to up hold their end of the lawsuit.
All in all, no dealership is going to go through all this over a small deposit and their reputation (if they even have one)
Your reading comprehension skills fucking suck. The dealership never backed out
bobbyg is right. you aren’t comprehending what he is saying, not the other way around. i can understand your thought process, but this is something learned with experience in the field.
no but the dealership isn’t giving him the financing they promised. Try reading it again so that you can fully understand what your talking about. You are trying to justify your repsponses with what you think is the way it should be and in fact it has no bearing on what is going on here. What you think happens between 2 people during a sale is completely different from that of a licensed dealership and a customer.
ok so here is the full story
found the car at a dealer in rhode island, they priced me over the phone at being around 1400 dollars cheaper then schmidt’s. so i was like ok cool, they said the only stipulation was that i had to finance through them, me being young and having no credit figured that was fine since i planned on financing to build credit and not draining my bank account completely. so they gave me a set of numbers and an approx payment plan, which everything seemed about right. filled out the credit app on their website, got approved for financing and all that. they said in order to continue with the paperwork they needed a deposit over the phone, i asked if it was refundable and they said yes as long as the runner was not sent to meet me halfway (utica) so i gave them a deposit so we could continue the paperwork. they told me originally i qualified for 4.4% and the price of the car was 20,713 with a payment of 291 a month. then a few days later spoke with them and the numbers changed for 4.8% and the price of the car was 20,850 and a payment of 299 a month. went to speak to the girl i was doing the deal with to run some numbers as to why things changed, she told me she was out of her office and would call me back, never called me back, called back a day after and she claimed to call me and leave me a vm, but i got neither. at this point i was planning on telling her of the price of a car i found in philly and that i didn’t want to continue with anything but before i was able to tell her that, she told me the paperwork was already fed exed to me. once i got it and i looked it over i realized that it would be instead of saving me 1400 compared to schmidt’s it would actually be costing me around 400 more, plus having to go pick it up. called and have been trying to get my deposit back to i can do business in philly but they are saying that they told me on the phone the deposit was non refundable and that they refused to give it back to me due to lost sales, then a little while ago got a call back from them and said i will lose my deposit unless i filled out the paperwork and did the deal, and they also said that if i don’t send them back the paperwork, even if i don’t fill it out, since they sent me the title that they would charge me an additional $400 for it.
---------- Post added at 06:08 PM ---------- Previous post was at 06:07 PM ----------
so my question to you rob, is when i call them and tell them to prove they lost a sale how do i go about doing that? is it worth trying to get my money from the dealer? or should i just go directly to my bank and tell them the situation?
Its just scare tactics man. Send them back the paperwork, BLANK. DO NOT SIGN ANYTHING. Call them and ask them if their reputation is worth the small deposit that they have from you…send an email to someone higher up there if possible explaining how disappointed you are and how you will never send anyone there. If this is not working for you, the lawyer may not be the best way to go. They will just tell you that the next call should be from your lawyer and you are at a gridlock then.
If none of this is working for you, contact your bank/credit card company to file a dispute saying that it is not what you agreed to when you left the deposit. Obviously you don’t have the original deal in place when you did the deposit, so you have no deal.
Honestly most dealerships are this way. For me, I’m lucky, we don’t pull this shit and our reputation is all we have. We need it to survive and so does everyone else.
It might take you a little while but just keep talking about their reputation and how you will do everything you can to destory it and eventually they will cave. It is going to require lots of phone calls back and forth, but just know that they are just hoping you will give up or buy the car.
---------- Post added at 06:36 PM ---------- Previous post was at 06:13 PM ----------
Also, how can they charge you a $400 title fee for doing nothing with it? Just stick to your guns man and don’t cave in. They are just trying to take advantage of you and make you feel guilty about not buying it.
I’m just gonna tell them I’m one of the largest posters on vw vortex and every other vw forum and ill shit talk them to high hell if they are gonna pull this shit
Just be respectful and decent to them. Make them feel bad for trying to screw a decent guy. If your a dick to them then they are going to go out of their way to make sure they drag their feet. Remember this, don’t bite the hand that feeds. In this case, they are the ones who can help you at this point if you are civil with them. They probably aren’t going to be that way with you, but just know that you have the upper hand.