deposite non-refundable????

Here is the situation, I called in a dealer about available m3 in stock. The rep told me there is one coming in about a week and asking me if I want to "hold it", basically he want's a $500 deposite so I'll be the 1st one to see/test drive the car. He said the money is refundable if I i don't like the car (not purchasing it).

I checked out the car and everything seems to be ok. At the end I didn't buy the car cuz they didn't budge on the price. So now they are saying the deposit is no longer refundable!!? The manager said he'll talk to the "owner" and will contact me again. This is pure BS, what am I suppose to do? Is there a legal document about this?

If I don't hear back from them, can I just contact my credit card company and deny the payment? If I do so, will the dealer take any kind of legal action against me? Btw, I never signed anything since the start, the deposit payment was made via phone.

Thanks

Reply » deposite non-refundable????

Did you sign a contract saying that the deposit is refundable? If not, call your CC company and also call BMWNA and complain.

Reply » deposite non-refundable????

"An oral contract isn't worth the paper it isn't written on." -- Sam Goldwyn (co-founder of MGM.)

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Is there a legal document about this?

No.

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Originally Posted by silvscorp If I don't hear back from them, can I just contact my credit card company and deny the payment?

You can try, but you should be honest with your credit card company about what happened. Simply "denying the charge" is something credit card companies won't let you do unless it was fraudulent. This charge wasn't fraudulent.

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Originally Posted by silvscorp If I do so, will the dealer take any kind of legal action against me?

Maybe, but for $500 most dealers have bigger fish to fry.

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Originally Posted by silvscorp Btw, I never signed anything since the start, the deposit payment was made via phone.

If your credit card company won't help you take 'em to small claims court. If your oral agreement was to the effect that your deposit wasn't really a deposit, just a flash of cash, and you can prove it, you'll win. Of course, what you should do is gather some evidence. You can have a friend do the same thing and see what the dealer/salesman says. It's hearsay, but in small claims court you can sometimes use hearsay.

Reply » deposite non-refundable????

The oral contract may be worth the paper it's written on - but it is no less valid than a written one. Just harder to prove.

In L.A. at least, small claims judges tend to look much more favorably on the disadvantaged consumer bringing a complaint against a business. Should it come to that, I think you'd have no trouble.

Reply » deposite non-refundable????

Bottom line, deposits on cars are ALWAYS refundable in the US. It is the law.

Tell them to refund, or you will file small claims and charge them interest and penalties.

Reply » deposite non-refundable????

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Bottom line, deposits on cars are ALWAYS refundable in the US. It is the law.

Tell them to refund, or you will file small claims and charge them interest and penalties.

Barracks-room lawyers are great. They know what the law is, and how to get results without any difficulty, while the rest of us struggle with truth, proof and the gray areas. They give black and white advice because they don't have to back it up with performance. And more often than not their advice is

.

There are 51 bodies of law in the United States, Pinecone. I'm glad to see you've surveyed all of them and are confident about what Silvscorp's rights are, what needs to be done and how to do it. Your advice falls down a bit on the details.

Generally, "deposits" are good faith payments to secure another's performance and, if the other side performs, are not refundable. Silvscorp says he had a different arrangement with his dealer - an oral contract. If he can prove it he should win.

As for LA X3's comments,. he's right about oral contracts. Except for a few governed by special statute that have to be in writing, oral contracts are as binding and enforceable as written ones. They are harder to prove because they become "swearing contests."

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