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they won't give me it back my deposit!

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Old 11-27-2004, 06:21 PM
  #21  
FLC6
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I have a C6 now. If anyone wants my ordered car it is Black/Cashmere Auto 3.15 axle with 1SB.

$2,600 off MSRP with no other fee's.
Old 11-27-2004, 06:25 PM
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pyroc6vette
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Default I agree...i waited 9 months...whats 2 wks

Wow! This guy must think Chevy is going to stop the plant just to take his order...with all due respect...chill out

I dont know what the dealer told you originally but my goodness...2 wks surely will not cause the earth to stop spinning!
Old 11-27-2004, 06:50 PM
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stanleyp
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Gave a deposit over the phone.
Did not ask for a P&S agreement.
If the dealer had renegged, you'd be screaming bloody murder.
And 2 whole weeks. Poor baby.

I don't like you already.
Old 11-27-2004, 10:01 PM
  #24  
Len16
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I think we're dealing with a verbal contract here.

Verbal contracts are enforceable (except in real estate transactions where only what is written is enforceable).
Old 11-27-2004, 11:45 PM
  #25  
Mr Mojo
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Easy guys, some comments here can be considered personal attacks and you know what that means.

Now shall I dish out some discipline, or shall you all apologize for your comments?

The choice is yours.
Old 11-28-2004, 12:26 AM
  #26  
RIC96
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Originally Posted by FLC6
I have a C6 now. If anyone wants my ordered car it is Black/Cashmere Auto 3.15 axle with 1SB.

$2,600 off MSRP with no other fee's.
They can't keep your deposit. No signed contract, no order placed yet. Call your credit card company and explain the situation.
Old 11-28-2004, 03:25 AM
  #27  
MagicMtnDan
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Why are you guys jumping all over this guy?! Give him a break. All he asked is can he get his deposit back. And he said he gave the dealer a credit card number over the phone.

Here in California all new car purchase deposits are refundable. All you need to do is ASK FOR IT BACK. And it should be that way in every state. Many dealers move at a glacier-like pace after receiving a deposit.

What I don't understand is why you guys are all over this guy giving him grief. Maybe he found another dealer - maybe one closer. Maybe he found a better price. Maybe he wants to cancel his order and buy a Mustang. Whatever his issue there's no reason to jump him - is that how you'd want to be treated if you were asking that question?
Old 11-28-2004, 09:11 AM
  #28  
Tom/99
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When I ordered my 99 Coupe, I had a hard time finding a dealer that would refund my deposit, if I didn't take the car when it came in. In the Houston area, Courtesy Chevrolet was the only dealer. They asked for $500, fully refundable at any time, not like all the other area dealers wanted. They all wanted a $5,000, nonrefundable deposit.
Old 11-28-2004, 10:07 AM
  #29  
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Originally Posted by RIC96
They can't keep your deposit. No signed contract, no order placed yet. Call your credit card company and explain the situation.
This is why I use my credit card, especially for deposits or items I haven't yet received. The credit card company will almost always go to bat for you. Some have different rules for charge backs, but all have I have seen have some provision for this. As a rule, at the cardholders request, they charge back first and ask questions later. The card companies seem to be even more aggressive if the item in question has not been paid.
Old 11-28-2004, 11:54 AM
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I put a 1000 dollar deposit down on a 2005 convertible in march,just cancelled filled out some paper work was credited on my amer ex, waiting on a Z06 in jan!
Old 11-28-2004, 12:21 PM
  #31  
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Originally Posted by PaceThis
I agree...why do you think you're entitled to get your deposit back? Too many people think that a deposit is just a process and that they should be able to get it back if they change their mind. That's what happened, you changed your mind.

Since you didn't sign anything, you likely can get it back, but that doesn't make it right. Why not just let them process the order as you agreed?
The whole point of a deposit is to give you some "skin in the game" so that you can't back out without taking a loss. I see it almost as an implicit transfer of title before the actual car can be sold - no, not in an absolute legal sense for you lawyers out there, but enough that the dealer could count it as a sale and mark the remaining money as a receivable. Backing out is almost the same as returning a car after it's actually purchased. One way or the other, I think it's the dealer's money to give you.

Whether you signed anything or not, what ever happened to a firm oral commitment and taking things on your word??
Old 11-28-2004, 12:55 PM
  #32  
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Originally Posted by Kevin93
The whole point of a deposit is to give you some "skin in the game" so that you can't back out without taking a loss. I see it almost as an implicit transfer of title before the actual car can be sold - no, not in an absolute legal sense for you lawyers out there, but enough that the dealer could count it as a sale and mark the remaining money as a receivable. Backing out is almost the same as returning a car after it's actually purchased. One way or the other, I think it's the dealer's money to give you.

Whether you signed anything or not, what ever happened to a firm oral commitment and taking things on your word??
How many times have we heard stories here that members have negotiated prices, placed orders, and when the car came in, the dealer wanted to raise the pruchase price? You have a right to get your deposit back at any time until you sign the final purchase documents.
Old 11-28-2004, 01:51 PM
  #33  
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72 hours means nothing, more or less you are entitled to a refund, [B]but[/B] and i say this in all respect possible.

If the order is placed for your specific car that you specifically picked options for and packages and color etc... then surely there will be an issue. It can simply be a point of no one wants that exact car the way you ordered it. Especially if all the financial agreements are met. They aren't breaking any laws buy ordering late, but the reason there is a deposit on a order like that is for this specific reason.

You must have had a buyers order or something for proof of order, surely you didn't just give them $2000 dollars and walked away.

Also if its Amex you left the deposit with, its no problem to cancel directly with Amex, anything else is a bit of an issue and a timely process.

Best thing to do is to work it out with the owner of the dealership. They will usually authorize the GM to give you back the money because they dont need to be bothered with nonsense like this.
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Old 11-28-2004, 02:56 PM
  #34  
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Where's the contract? A verbal agereement is only binding when there is a "meeting of the minds", and a witness for corroberation. There clearly was a misunderstanding if "returnable funds" creates an issue, which it has. Secondly, nothing signed. Hense, money must be refunded. The only other caveot to that is the dealer making it clear that the funds are NOT returnable in the event of a, b or c.... - and I'm presuming that did not happen. For the money to be interpreted as a "downpayment", one of these conditions had to have taken place. Frankly, the dealer should have made that implicit before taking the money if he was (is) planning on retaining those monies.
Old 11-28-2004, 03:59 PM
  #35  
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Originally Posted by webdzynes
Where's the contract? A verbal agereement is only binding when there is a "meeting of the minds", and a witness for corroberation. There clearly was a misunderstanding if "returnable funds" creates an issue, which it has. Secondly, nothing signed. Hense, money must be refunded. The only other caveot to that is the dealer making it clear that the funds are NOT returnable in the event of a, b or c.... - and I'm presuming that did not happen. For the money to be interpreted as a "downpayment", one of these conditions had to have taken place. Frankly, the dealer should have made that implicit before taking the money if he was (is) planning on retaining those monies.
Just to add my opinion here, it seems to me that if money was given as a deposit, then the verbal contract does have legal standing. If I were a judge or jury, and someone told me they had given a deposit of a significant sum of money (which I think $1,000 is), I would have to say there there was some sort of contract entered into.

I don't think any reasonable person would hand over that kind of deposit without some mutually agreed upon understanding of what was expected in return - do you?
Old 11-28-2004, 04:10 PM
  #36  
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This situation is the reason why I went with L Stanford... they give you the refund back if plans change ....
Old 11-28-2004, 04:35 PM
  #37  
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Originally Posted by FLC6
Is this illegal to not refund my deposit on a ordered car if I never signed any papers or even a receipt for the deposit?
All the opinions in the world add up to nothing. One approach is to ask a lawyer for an opinion. But once you get a lawyer and they get a lawyer it's guaranteed that there are two winners and two losers. And the lawyers are the winners. It may be best to try to come to an understanding with the dealer. Perhaps by the time the car comes in there will be another buyer. Lawyers in this area get over $200 per hour. Ouch! $1000 won't last long assuming you win.

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Old 11-28-2004, 04:39 PM
  #38  
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Originally Posted by jschindler
Just to add my opinion here, it seems to me that if money was given as a deposit, then the verbal contract does have legal standing. If I were a judge or jury, and someone told me they had given a deposit of a significant sum of money (which I think $1,000 is), I would have to say there there was some sort of contract entered into.

I don't think any reasonable person would hand over that kind of deposit without some mutually agreed upon understanding of what was expected in return - do you?
Generally speaking, I'd agree with you J. But playing devel's advocate, one could argue that monies were deposited under 1 scenario and now a different one exists. In other words, the dealer could have said there would be no issue regarding returning the deposited funds but now refuses to do so. It becomes a "he said - they said" type of thing with no way to validate one side or the other. Unless the dealer can prove otherwise, they must return the funds.
Old 11-28-2004, 05:34 PM
  #39  
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Originally Posted by RIC96
How many times have we heard stories here that members have negotiated prices, placed orders, and when the car came in, the dealer wanted to raise the pruchase price? You have a right to get your deposit back at any time until you sign the final purchase documents.
Old 11-28-2004, 05:43 PM
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Shoulda gone to Monica


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