I need some tips on how best to get my deposit back from a dealer. I am an idiot.
Long story... I found a dealer last Sunday that promised me a black FJ (w/ $2500 of options I didn't really want, including the ToyoGuard thing). He said "there would be no problem getting the other dealer to trade it", and that he would have it by the following day, Monday. The the other dealer I had talked to said 4-6 weeks, so I put down $250 on it. By Friday I was fed up because we were getting the run-around from them (not returning phone calls, etc.).
So, I found yet another dealer who did the dealer trade in front of me, gave me a June 24th delivery date, and the FJ he has found is free of the $2500 in options that I didn't want. I gave him a $500 check, thinking I would be able to get my deposit back from dealer #1 (yes, I am an idiot).
I called dealer #1 on Fri afternoon, and after going through a bunch of phone menus and unhelpful receptionists, I managed to get through to the sales manager at about 4:30 to ask for my deposit back. He said he would talk to the ordering manager and call me back. Of course, no call. The sales guy calls my husband yesterday and says that they have the truck after all and it will be here Monday.
What can I do? I think that the $2500 less would offset the $250 even if I can't get it back, but I would really like to get it back. Also, I signed no purchase contract w/ dealer #1, just a piece of paper w/ the options printed and a few signatures.
Thanks for reading all this...
-Kat
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Re:Help! I am an idiot
Date: 2006/06/19 01:43
By: twinkie
Status: User
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F.J.C.O. Pro
Posts: 230
This could be a sticky situation. Laws vary from state to state on earnest deposits.
If it were me, I would go to the dealer, let it be known that the earnest deposit was based on good faith that the vehicle would be there on the originally specified date.
You could also play the "misrepresentation" card by saying that a competing dealer "found" the vehicle you asked them about (without the additional options) and state that they misrepresented their inventory in an effort to get more money out of you.
Depending on the actions of the dealer (sales manager), you could also threaten with legal action, negative publicity, or both.
Depending on how far you wanted to take it, you most likely could get your deposit back and make their lives hell for a bit (or you could just say "forget it" and let them have the $250 because you are still saving $2250).
Note that this does not constitute legal advice and you may want to consult a competent attorney in your area. (disclaimer )
Post edited by: twinkie, at: 2006/06/19 02:44
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Re:Help! I am an idiot
Date: 2006/06/19 03:28
By: jmcilvain21
Status: User
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F.J.C.O. Regular
Posts: 41
twinkie wrote: Note that this does not constitute legal advice and you may want to consult a competent attorney in your area. (disclaimer )<br><br>Post edited by: twinkie, at: 2006/06/19 02:44
Great idea!
Maybe explain the situation to the dealship where you are buying it from and ask for some free oil changes are somthing for you loyalty to them. Or knock $200 off the selling price since you are undoubedly paying full sticker price to begin with.
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Re:Help! I am an idiot
Date: 2006/06/19 08:07
By: Dan818
Status: User
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F.J.C.O. Regular
Posts: 37
I would just take them to small calims court. you had an oral contract the the car would be there and it wasn't. legaly the breeched your oral contract. buy the car that the other had and deal with it after the fact.
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Re:Help! I am an idiot
Date: 2006/06/20 01:18
By: admin
Status: Admin
Karma: 19
Admin
Posts: 508
Let us know how it plays out.
Thanks,
Scott Admin
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