there is no such thing as a nonrefundable deposit, if you have not taken possesion of the product and decide not to buy they cannot keep your money. i would go up there demand for my deposit back and if they wont give it to you then tell them the next time they see you it will be with a lawyer. i was in the car business for almost three years and have been i nthe motorcycle business for 6 years, and it is known among those industries there is no such thing as a nonrefundable deposit.

 

[QUOTE=jason@NTEC]there is no such thing as a nonrefundable deposit.


SOunds right to me. I had a deposit on the 03 Evo with no price specified. I did not like the price they quoted MSRP+$5K! and demanded my deposit refunded. End.

I would go there now and DEMAND my deposit back - "I don't agree with your price..." You will find one at MSRP.

 

Just got back from the dealer......what a day.

Well Went there and basically wanted my deposit back and they refused still. Had a disrespectful tones from both sides trying to figure out how the contract is suppose to be interpreted. Basically the "Boss" was not willing to sell at MSRP. which pissed me off cuz I know this other guy who had a contract for MSRP at the SAME dealer but pulled and got a 05 GSR and they were fine wit THAT. Just cuz i wanna pull and go somewhere else they say uh NO....At last the BEst offer they made to me after all the drama talk was 1000 over MSRP. and told me to sit there an think about it wit my grl. I said Im leavin and left.

So Im gonna be taking them to Small Claims court. Other dealer thinks I should get my money back and so do I and some pplz on this forum as well. SO I guess well see how it goes in court, hopefully ill get my 1500 back.

Now i go to 5towns MItsu and signed a contract for SIlver MR with VIN and shipt date of 10/17/04 at MSRP of 34,620 plus destination to be added when car arrives. I dont know why its not 34999 i told them that it was but they said No its lower...so of coure i didn't say nothing. so if that sticks i acutally gettin it for couple hundered under MSRP but i got a feel when the car gets here they gonna try to squeeze that extra few hundred outta me "oopz we made a mistake"...blah blah

question....On the computer sys that has the Shipment info, those that know what im talkin about.....dealer 1 had shipdate of 10/16 and said it cleared customs and should arrive around that date mebe couple days after.

dealer 2 says the date 10/17 which was on the same type of sys. that alll dealer has access to said that the date was wen it supposed to SHIP outta JAPAN, they said the Cleared/Customs means custom over there but not U.S.

I remember readin some where sayin that if they have the VIN that means the car is in the USA. SO which one of these dealers actually knows what they are talkin about??? or they all just dumbasses

 

so now you have 2 contracts for 2 MRs? doesn't seem like a good thing...can i have one after you buy them both?

 

Wait, you agreed to it...man up. I'm not one to usually stick up for the dealer but you entered into the agreement with full knowledge. You agreed to pay $2,000 over msrp so why would you expect them to say nevermind??? Am I missing something?

 

did you leave a deposit with a credit card, if so, you should call your credit card company and dispute the charges.

 

go back there and raise hell... thats what i will do if this sh t happens to me. there is no way they can keep my money.

 

Do you understand what an agreement or contract is? If you signed an agreement with the terms of a non-refundable deposit included you should not expect it back.

 

Yeah... I was about to say that all deposits, by law, are refundable. However, if they wrote up a separate contract stating you will purchase it for 2 grand above MSRP and you signed it, I'm sorry to say, but you just got eff'd.

A lawyer might be able to swindle something, but I couldn't say for you. They are in possession of that separate contract, so they currently have the upper hand. It's an extremely shady move, but they could probably follow through if they stuck to their guns. I have a feeling they'll refund you though. Just stay on it.

-Robert

 

I've seen references to the existence of some sort of government antitrust regulation that is responsible for creating the heiniosity known as the automobile dealership. I think it has to do with the prevention of "vertical monopolies", or some such. Basically, the manufacturers are somewhat at the mercy of the dealers, just as we as customers are.

My experience was Mitsu dealerships was so bad that I had to wait for used cars to start showing up at CarMax to get mine.

Maybe a lawyer or MBA or someone who knows more could chime in with more info or a hyperlink or two. I'd like to read more about it.

 

I agreed apon Getting the MR after MSRP and final pricing is determined I believe Final pricing is different then MSRP..

The sales man cleary told me that the deposit was refundable before I finalize everything, There was no finalizing or agreement since the first day I left the dealership after the contract.

If had the contract stated something like...oh NON REFUNDABLE deposit for MR, MSRP to be determined ....simple i would say anything...

again exactly as is on contract is:

$1500 Deposit on Evo MR@ $2000 over MSRP
-Once final pricing is agreed, It is NOt refundable
MSRP to BE determined

thats all.

 

Im only buying one

 

$1500 deposit Evo MR @ $2000 over MSRP

once final pricing is agreed it is not refundable.

MSRP to be determined


Damn you guys kill me sometimes. Learn how to read. The contract he wrote specifically says he agrees to final pricing (which means you sign the buyers contract) then his deposit goes to the car. Not when they agree on final MSRP. NOWHERE does it state he has to agree to their price. NOWHERE does it say his deposit is not refundable before signing a buyers contract.

The dealer is wrong, and all of you who tell him to suck it up are wrong. Jesus I can't remember why I bother coming to this site sometimes.

 

It looks like we found a loophole!


"Once the final pricing is agreed"... where's the proof? =) If this actually got taken to court, the only way they would win is if they have proof you agreed to this price. Verbal agreement means NOTHING in this case.

Well, do they?

-Robert

 

I think the dealership can credibly argue that "final pricing" refers to the MSRP finally being established. It had not been when you signeed the deal and once it was, you went to the dealership the very next day.

Your interpretation of the contract makes it meaningless. Under your interpretation,you could say that you only agree to pay $1 for the car, + bonus of $2K for total of $2,001. Of course the dealer would say no & you would get you refund back. In other words the written agreement was meaningless. If that's so, why bother with it in the first place? Instead, I think a court will agree with the dealer's interprtation which says the was a point to having the contract and that both parties are bound, for better or worse.

As I mentioned before tho, there may be some relief under a state consumer sales law.

I think you are naive to do this on your own without at least checking with a local lawyer to find out what legal points favor you. And, if it makes a difference, I am an attorney, so you might want to think about what I am suggesting.