No deposit return

[jeff90]

Ok I may be moving to Italy, so two weeks ago before I went on a businees trip I had y to cancell my Mini Cooper S order. The sales guy said fine if there was any problem he would e-mail me. So I am now back no e-mail and no refund on my barclaycard. I phoned up the garagh and now thay are saying no refund. If I had cost them something I wouldent mind but all they will do is re-spec my care for someone else and some lucky person gets their car early. Is there anything I can do.

Help Help

Jeff

[Dark]

Thats disgusting!

As you said they would offer that car someone else at NO COST to the garage.


Sorry to hear m8.

Hope someone hear comes up with a suggestion on what you can do.

[ImaVunDerBrah]

Lately dealerships in our area have been claiming that the deposit is non refundable if you cancel the car. Its absurd because, as you said, they'll just turn around and sell the car to someone else. Some are holding the deposit money (usually $1000) until the car arrives and is sold off the lot.

[jeff90]

They wont have to sell it off the lot it i not even built yet. They are taking the p

[Tigger, Eeyore & Roo]

Let me get this straight:

You went to a dealer and entered into an agreement to buy a car to your specification and then paid a deposit. The dealer, in turn, then placed his order with the manufacturer and commited to pay them the full trade price for your vehicle. He then took the chance that you would complete your side of the agreement and subsequently pay them for the balance of the selling price of your new car.

For whatever reason you might now have to move to Italy (your choice, I assume) and you no longer want the car.

The dealer could insist that you pay for the car, as previously agreed and then it would be up to you to keep or re-sell. You have not only assumed that he will release you from the contract but presume that you should expect a full refund of your guarantee to buy the car.

I know MINI's are pretty popular but I haven't seen a queue at my local MINI dealer. I don't understand how there could be no cost involved in having to re-market the car in time to be able to adjust the spec to a new customer's requirements, if it's still possible to re-spec it at all. There is every chance that the car will arrive with no customer waiting for it; ultimately it may have to be registered as a demo vehicle.

My suggestion? Give the garage a break, try and see through your commitment to buy the car (in LHD if necessary). If you really can't do that, try and negotiate a compromise with them returning a proportion of the deposit when / if they can sucessfully re-market the car.

Tigger.

[rainbowdreamer]

Depends on the dealer and how long it was since you placed the order and then cancelled.

[Loui]

Quote: Originally Posted by Tigger, Eeyore & Roo

Let me get this straight:

You went to a dealer and entered into an agreement to buy a car to your specification and then paid a deposit. The dealer, in turn, then placed his order with the manufacturer and commited to pay them the full trade price for your vehicle. He then took the chance that you would complete your side of the agreement and subsequently pay them for the balance of the selling price of your new car.

For whatever reason you might now have to move to Italy (your choice, I assume) and you no longer want the car.

The dealer could insist that you pay for the car, as previously agreed and then it would be up to you to keep or re-sell. You have not only assumed that he will release you from the contract but presume that you should expect a full refund of your guarantee to buy the car.

I know MINI's are pretty popular but I haven't seen a queue at my local MINI dealer. I don't understand how there could be no cost involved in having to re-market the car in time to be able to adjust the spec to a new customer's requirements, if it's still possible to re-spec it at all. There is every chance that the car will arrive with no customer waiting for it; ultimately it may have to be registered as a demo vehicle.

My suggestion? Give the garage a break, try and see through your commitment to buy the car (in LHD if necessary). If you really can't do that, try and negotiate a compromise with them returning a proportion of the deposit when / if they can sucessfully re-market the car.

Tigger.

I completly agree with what your saying there. At the end of the day you entered into an agreement with them

[jeff90]

Yes I have no problem with the agreement but when I cancelled the car the sales guy said it was not aproblem and they would just re-spec it for the next customer. And it is the biggest dealership in the country (their words not mine) and I have had to queue to see a sales rep. Oh and the left hand side thing they wont do.

[Paul]

The best solid advice I can give is to check the order form, and read what the terms are. Probably, there's nothing really you can do (for the above reasons).

[Tigger, Eeyore & Roo]

Quote: Originally Posted by jeff90

when I cancelled the car the sales guy said it was not aproblem and they would just re-spec it for the next customer.

The problem here is that is is very unlikely that the sales guy you spoke to would have very much influence on wether on not your deposit is returned. Whatever he or she thought might be the right thing do could easily be over ridden my their Sales Manager (or above). It would normally be left to the poor sales guy to break the bad news to you at the same time as probably losing their commission on the sale.

Tigger.

[Loui]

Quote: Originally Posted by jeff90

Yes I have no problem with the agreement but when I cancelled the car the sales guy said it was not aproblem and they would just re-spec it for the next customer. And it is the biggest dealership in the country (their words not mine) and I have had to queue to see a sales rep. Oh and the left hand side thing they wont do.

The only thing i could suggest is putting your dpeosit for sale. I know people used to do this with high demand cars as it gave someone the ability to jump the queue. Only an idea

[markjenn]

It matters not whether the dealership can sell the car to the next guy. They've incurred expenses and trouble on your behalf. None of us on this thread own a dealership, so we have no idea what expenses are incurred when cancelling one sale and completing it with the next guy. For example, the dealership may pay your salesman's commission since he's spent time on you and the car may be sold by a different salesman.

What DOES matter is the agreement you entered into. If the agreement was that the deposit was non-refundable, then you may have to eat it. If not, then you should get it back. Generally state laws either make all car deposits refundable, or make the deposit non-refundable only if explicitly called out as such in the sales contract. If there was no contract or it wasn't specified, generally the laws err on the side of refundability.

- Mark

[Smurfn]

Hope it gets sorted out to everyones advantage