Ok, here the story.

2 months ago I signed a contract saying exactly the following:

$1500 deposit Evo MR @ $2000 over MSRP

once final pricing is agreed it is not refundable.

MSRP to be determined

then it has ETAof 10/26/04
order number and process number.

Now The MSRP was released about 2 days ago, I went to the dealer yesturday and try to talk them down with the 2g over msrp. The salesman talked to his boss and was only able to offer me 500 off. However, There is this other dealer that has One MR available and was willing to give it to me for MSRP. SO i told the first dealership that this other one was willing to sell at MSRP.

now here the confusing part;
The person i signed the contract with no longer works there, He said " your deposit is refundable unless when i call you to determine final pricing and you agree to a price then its not refundable" I havn't agreed on a price yet after they told me MSRP i tried to talk a better price for my self. NOW they are telling me that I HAVE To buy from them or i will lose my deposit. THey said they have a company policy saying that If you decide to back out of contract and buy from another dealer you will lose your deposit. He said that HE TOLD ME that the day i came in which is total buLLSH*t. I talked to ONE person only, and he dont work there no more, HE didnt mention anything like that. BUt this boss guy is sayin that he was there too and he told me and blah blah blah...Fu*kin BS.

SO here is the question, do i have the right to take back deposit or what is this guy messing with me? SHould I get a lawyer? I just want my freakin 1500 so I can go some where else and get the car for cheaper? HELP PLease?

 

Unless the paperwork you originally signed says that you will lose your deposit in the event of cancellation, it's illegal for them to keep money for services not rendered. Your car was not a special order, so they are obligated to return your money. At the very least, if your paperwork agrees with the above, threaten them with legal action.

I bet if you let the other dealership know what's going on, they'll give you some advice as well.

 

Well take a look at the contract that you signed,and see if it states that your 1.5k is nonrefundable ,if it does then i suppose you are out of luck but you could still look into a lawyer either way.

hope this helps a little......

 

Why are car dealers so fuggin crooked in the states? Why can't we just go down and buy a car for the price that it is supposed to be. Like buying something from Macy's or the supermarket?

There should be no negotiation in the purchase of a car. Nor should there be any markup.

I sure hope that you get your loot back from these shady, slick, no intergrety having sons of beeotches.

 

You agreed to pay $2K over sticker? People like you are the reason that dealers get away with price gouging. Regarding your problem, you need to read the contract as what was said verbally will hold no water. You need to get everything in writing. The chances are the sales guy would deny saying it even if he still worked there. Chances are you're screwed.

 

Legally, you are probably stuck. You put in writing that you would pay $2K over list, whatever that turned out to be. Turns out that was a bad deal & you would understandably like to get out of it. But its too late, it's in writing.

Any unwritten verbal understanding to the contrary with a diapeared salesperson is useless.

Technically, you are also on the hook for the $2K. Your deposit is just a partial payment toward the $2K premium you agreed in writting to pay. If the dealer manages to sell it to someone else for $MRSP + $2K then it has no damages and would only be entitled to the $1.5K, for the cost and inconvenience of having to sell it 2 times. If it sells it for just MRSP, it has an argument that you owe another $500 toward the $2K premium you promised.

However, it would be worth consulting with a local attorney. Most bar associations have an attorney referral service that will hook you up with a specialist in this area of law who charges a nominal amount (e.g., $25 for quick advice). Many states, like here in Ohio, have consumer protection laws that specifically govern the sale of vehicles as well as having laws specifically controlling secuity deposits. These laws may change the general contract rules discussed above and may alter my pessimistic assessment of your situation.

Good luck. Hey, whatever happens you will end up with a pretty cool car.

 

Why would you agree to a $2,000 deposit? $500 should have been enough to hold the car for you. When I placed my order, the dealer had taken two deposits already, one for $4,000 and one for $5,000. I told them I will leave $500, and that was no problem at all.

 

Never seen this coming ????

 

thanks for the quick reply guys,
Yes it was dumb of me to agree to this contract in the first place, but I havn't really purchased a new vehicle before and this is my first experience. but im not about to let them M0therFuc*ers take my money.


on the contract it cleary states, "once final pricing is agreed it is not refundable, MSRP to be determined"

To me that means ONce the MSRP came out we settle final price and then deposit not refundable" thus, I should be entitled to my money back BUT HERE WAS NO FINAL pricing determined, as soon as i got there they told me the msrp i said let talk about the 2g over msrp now i want a better deal. That sounds like negotiation to me and plus the salesmen was negotiating with me sayin like o let me call my boss and ask if i can do anything, IF final pricing WAS determined then there should b no negotiating going on.

what does it mean to you guys? No where on the contract does it say it was a special order specifically for me and my deposit is not refundable.
Im about to go to the dealer right now and see wtH is going on. I called the other dealer and they said IM suppose to get my money back unless it was specially ordered for you, which i believe that is what the guy is trying to say it is, but nowhere does it say that on the contract, it doesn't even have thE VIN on it.

Ill let you guys know wha happend.

 

if the contract doesn't have a vin then it wasn't specially ordered... speak to a laywer... and more than likely it could be a breach of contract. let the laywer determine that. It all depends on your state laws with the way contracts are drawn up.
Good luck

 

Once Mitsu announced MSRP, you were stuck, according to your description of the written contract. The written contract did not say that you would pay $2K over whatever price you were able to haggle the dealer down to, which is apparently how you are interpreting it.

What if these cars were commanding a $10K premium over MSRP? Wouldn't you say the dealer was stuck at the $2K premium and not able to add $10K, even tho market conditions might otherwise permit it? It works both ways, you are both stuck. You wanted the car so much, you offered a bonus to get it. However, the fact that it does not look like a good deal in hindsight does not allow you to now void it any more than the dealer could if it was a bad deal for him.

 

[QUOTE=BADWRX]Why are car dealers so fuggin crooked in the states? Why can't we just go down and buy a car for the price that it is supposed to be. Like buying something from Macy's or the supermarket?

There should be no negotiation in the purchase of a car. Nor should there be any markup.

I sure hope that you get your loot back from these shady, slick, no intergrety having sons of beeotches.[/QUOTE




No negotiation or markup?
thats the dumbest thing i ever herd. How will the dealer survive?
Theres more merkup on Macy's or supermarket than there is a vehicles (as a %).]

 

agree with cincyevo

U sad u will pay 2k over MSRP so pay it.
They could of sold that car to someone else, but they didn't because u made a commitment. THATS WHAT U AGREED ON!

 

even they sell that to somebody, since no particular VIN # asssigned to him, dealership always can find another MR to sell him for making some money,
anyway, i always don't like the dealer offer something with deposit on non-refundable contract.
but i did admire you try hard to get a MR, even 2k over MSRP.
good luck!

 

once final pricing is agreed it is not refundable, MSRP to be determined


i think you have a legit out here. what constitutes an agreement here? you and the dealer correct? you could argue that you never agreed on your side and even if the dealer claimed that you verbally agreed to a final price, it wouldn't hold unless you had that in writing also. damn, i shoulda been a lawyer.