Factory Order - Dealer isn't refunding deposit
#1
AudiWorld Member
Thread Starter
Factory Order - Dealer isn't refunding deposit
I canceled a factory order (S5 SB) with Audi of Tacoma, on the 30th of September. The salesperson at that time told me my deposit of $1000 would be refunded within a week. Nothing happened for 3 weeks and I decided to call them up again and ask what happened. They said it's not refundable because I've signed a forfeiture agreement. I agree, I did sign one, but the agreement states: "In exchange for ordering the vehicle, I agree to put a nonrefundable deposit on the above referenced vehicle in the amount of $1000. The deposit will be put towards the purchase of the vehicle upon of arrival. Failure to purchase the vehicle within 15 days of arrival will result in forfeiture of deposit."
The last line is interesting, because the car did not even have a VIN on the date of cancellation. Do you guys think, I'll still be able to get my money back if I decide to take action legally? I don't care if I losethe $1000 to a lawyer, I don't want the crooks to have it.
The last line is interesting, because the car did not even have a VIN on the date of cancellation. Do you guys think, I'll still be able to get my money back if I decide to take action legally? I don't care if I losethe $1000 to a lawyer, I don't want the crooks to have it.
#2
AudiWorld Senior Member
If the order has hit the "frozen to changes" time frame in the ordering process, the dealer will be taking delivery of the car exactly as you ordered it. If it is before the frozen to changes status, then the dealer can change to order to whatever they think will sell in their market. Just out of curiosity, what color and options did you order?
#3
AudiWorld Member
Thread Starter
If the order has hit the "frozen to changes" time frame in the ordering process, the dealer will be taking delivery of the car exactly as you ordered it. If it is before the frozen to changes status, then the dealer can change to order to whatever they think will sell in their market. Just out of curiosity, what color and options did you order?
S5 SB Prestige,
Navarra Blue,
Sport package, Carbon Atlas Inlays, Nappa leather black
#4
AudiWorld Senior Member
Wow. That does not seem like an odd order that would be hard to sell once it hit the lot. Maybe a meeting with the sales or general manager might help, but if there is a signed agreement you might be fighting an uphill battle going through the courts.
Are you backing out of the sale entirely; meaning are you still planning on purchasing a new car? Maybe if it is still with that dealer or another dealer under the same ownership, they might be willing to use the deposit towards that purchase?
Are you backing out of the sale entirely; meaning are you still planning on purchasing a new car? Maybe if it is still with that dealer or another dealer under the same ownership, they might be willing to use the deposit towards that purchase?
#5
AudiWorld Senior Member
Cant you just stop payment on the check you used at the deposit? I've done that a couple times on past orders when a sketchy dealership did that to me.
#6
AudiWorld Senior Member
Great color combo on a nicely equipped unit any dealer would be happy to have...they should do the right thing and refund your deposit. I'm betting a conversation with the SM or GM changes their minds.
#7
AudiWorld Member
Thread Starter
I used my credit card for the payment and the transaction was cleared long ago. I have disputed the transaction, but I don't know if that's going to help me out. Any of you think I would stand a chance if I took the legal route?
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#8
AudiWorld Member
Thread Starter
I spoke to one of the managers, and he was downright rude and told me he wasn't going to pay me back.
#9
AudiWorld Senior Member
#10
AudiWorld Senior Member