adb1@hogpd.UUCP (A.BENSON) (08/22/84)
Has anyone ever placed a deposit on a car, changed their mind about purchasing the vehicle and received their deposit back? I recently placed a deposit on a car and two business days later decided I no longer wanted it. The dealer is not interested in returning any of the deposit. Do I have any grounds on which to stand?
mpr@mb2c.UUCP (Mark Reina) (08/22/84)
To: the poor guy who left a deposit for a new car Generally, I see no reason why you should not get your deposit back. You may have signed a piece of paper which declared that you were making a "firm offer." However, under the Uniform commercial code, the regular consumer can not make a "firm offer." You should try complaining loudly and clearly to the car dealer. Then sue in small claims court (depending on the size of you deposit).
berry@zinfandel.UUCP (Berry Kercheval) (08/22/84)
I am not certain about other states, but I can quite certainly state that in California, if you put a deposit on a car and change your mind within the statutory limit (3 days I think) you can indeed get all your deposit back. I have done it. I THINK it is nationwide, and applies to all installment contracts. It derives from the Fairness in Lending act or some such. DISCLAIMER: I am not an attorney. (though some of my best friends are...) -- Berry Kercheval Zehntel Inc. (ihnp4!zehntel!zinfandel!berry) (415)932-6900
parnass@ihuxf.UUCP (Bob Parnass, AJ9S) (08/22/84)
If a consumer can get his/her deposit back after changing his/her mind, then what is the purpose of a deposit? -- =============================================================================== Bob Parnass, Bell Telephone Laboratories - ihnp4!ihuxf!parnass - (312)979-5414
bcn@mit-eddie.UUCP (Clifford Neuman) (08/24/84)
I know one person who was able to get his deposit back based on lack of consideration on the part of the dealer. It didn't involve the purchase of a vehicle, but instead it's lease. I don't know all the facts, but when he brought up the issue of lack of consideration, they refunded the deposit. ~ Cliff
eac@druor.UUCP (CveticEA) (08/24/84)
I can think of two reasons why the dealer might be allowed to keep at least part of the deposit. The dealer is losing money every day the car is on the lot. If someone puts a deposit on a car, and doesn't go through, the dealer has paid to keep a car on the lot, without being allowed to sell it. Also watch out for signing papers when you give a dealer a deposit "to show good faith". You are probably signing a contract. My advice--no car is so unique that you can't afford to pass it by. Shop around, know exactly what you want to buy, and when you find it, buy it. If financing is the hang up, arrange for it before you actually walk into the dealer, or have the dealer put a clause in the contract that says it is void if you can't obtain financing. Make sure the dealer doesn't have the right to provide financing if you can't get your own. Read Consumer Report's annual car issue. They always publish an article on how to buy a car. Betsy Cvetic ihnp4!druor!eac
toma@tekchips.UUCP (Tom Almy) (08/27/84)
---------- My mother-in-law placed a deposit on an Oldsmobile several years ago, about the time the transmission problem hit the news. When the car was delivered (it was special ordered with the equipment she wanted) it turned out that it was manufactured in the last week that they used the under-sized transmissions. While they did offer an extended warranty on the transmission, she refused the car, and managed to get her deposit back as well. (She then bought another Olds off the lot of another dealer!).
billd@bolton.UUCP (Bill Duffy) (08/28/84)
d
was written to the effect that the deposit was un-refundable, he would
refund the deposit.
Let's face it. The dealers are very susceptable(sp?) to public
view. If you make enough noise, they will keep you happy. This is
good publicity, to do otherwise is bad publicity.
--
-------
Bill Duffy
General Radio
genrad!bolton!billd
---- Disclaimer ----
All opinions stated herein may or may not be those of my employer.hawk@oliven.UUCP (08/28/84)
>I am not certain about other states, but I can quite certainly state >that in California, if you put a deposit on a car and change your mind >within the statutory limit (3 days I think) you can indeed get all your >deposit back. I have done it. >I THINK it is nationwide, and applies to all installment contracts. It >derives from the Fairness in Lending act or some such. With this restriction, there is no way that I as a dealer would even think of ordering the car until this three days expired. -- rick (Rick Hawkins @ Olivetti ATC) [hplabs|zehntel|fortune|ios|tolerant|allegra|tymix]!oliveb!oliven!hawk
ljs@hou5a.UUCP (08/28/84)
In New York state there are fairly strong laws protecteing your interest
in such situations. They must be printed on the deposit contract.
In my own case I used this protection to 'fight back' at the
common practise of dealer's not committing to color, options or delivery
dates. They use the excuse of demand and non-custom production. What
this does though is allow them to stall you and bump other people past
you on the list if they pay more than you, either over or under the
table.
What I did was to order two cars, one at each of two dealers.
Each dealer told me different 'realities' of option mix I could ecpect.
Both proved as much wrong as right(i.e. sunroofs ALWAYS come with mag
alloy wheels, etc.).
Anyway I got the color I wanted and most of the options (no
sunroof) from the dealer who wrote me a better deal, and delivered
first at that.
I then cancelled the other order (now he had an extra car to
finagle deals with) and got back the deposit within two weeks.
It seems no less ethical than airline overbooking and, for once, it
works for the 'little guy'.
By the way, the car was a Toyota Corrolla LE, and its GREAT!
--
Larry Shine <ATT Information Systems, Holmdel N.J.>
{allegra,harpo,hogpc,ihnp4,zehntel,ucbvax,sdcsvax,eagle,burl}!hou5a!ljsljdickey@watmath.UUCP (Lee Dickey) (08/29/84)
> If a consumer can get his/her deposit back after changing > his/her mind, then what is the purpose of a deposit? When I make an deposit, I expect it to mean something like this: (1) The seller will hold the goods for me for some prescribed period of time, and will not sell to someone else, even if they offer a higher price. (2) If I do not come complete the purchase within the prescribed period, I lose the depost, and the seller is free to sell to anyone else.
berry@zinfandel.UUCP (Berry Kercheval) (08/29/84)
In article <163@zinfandel.UUCP> I wrote: >>I am not certain about other states, but I can quite certainly state >>that in California, if you put a deposit on a car and change your mind >>within the statutory limit (3 days I think) you can indeed get all your >>deposit back. I have done it. > >>I THINK it is nationwide, and applies to all installment contracts. It >>derives from the Fairness in Lending act or some such. In article <416@oliven.UUCP> hawk@oliven.UUCP (Rick Hawkins @ Olivetti ATC) writes: >With this restriction, there is no way that I as a dealer would even think of >ordering the car until this three days expired. Last May I bought a VW Jetta, and the dealer drove from Concord to Sacramento (about 75 miles) to get the car I wanted, the day after I placed the order. THIS time I didn't change my mind, and am quite pleased with the car. I seem to recall that the Chevy dealer I cancelled my order with HAD placed the order, but had no trouble cancelling it, since the car had not yet been scheduled for assembly. -- Berry Kercheval Zehntel Inc. (ihnp4!zehntel!zinfandel!berry) (415)932-6900
hawk@oliven.UUCP (Rick) (08/29/84)
> To paraphrase: This individual put a down-payment on a car that >was to be special ordered (custom options... ect.). After a couple >of MONTHS had passed by, the person changed his mind and wanted his >$1000.00 refund back. First try with the dealer was unsuccessful, so >he contacted the Globe. The Globe contacted the dealer and printed his >response. The dealer said even though the contract was signed and >was written to the effect that the deposit was un-refundable, he would >refund the deposit. If the car was coming as scheduled, I really don't see that the customer had any right to complain or expect his money back. If, on the other hand, the car was delayed unreasonably, the customer could sue for breach of contract on the dealer's part, I'd expect. -- rick (Rick Hawkins @ Olivetti ATC) [hplabs|zehntel|fortune|ios|tolerant|allegra|tymix]!oliveb!oliven!hawk
engels@ihuxo.UUCP (SME) (08/31/84)
... Several years ago, we ordered a Datsun with several options. The dealer put down 8 weeks to deliver the car. My husband added to the contract that if the car was not available at the end of 8 weeks, we would get our deposit back with a Smile. 8 weeks later, our deposit was returned by a smiling salesperson.