Factory Order - Dealer isn't refunding deposit
#11
AudiWorld Super User
Take it to small claims court. Judges there tend to honor a customer plaintiff over a car dealer defendant (unless you did a costly special order with paint or options not found in the standard order guide). The agreement "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." is contradictory. A judge will probably void the contract and order your deposit refunded for that reason alone.
#12
AudiWorld Senior Member
GREED This is disgusting on the dealerships part. If all else fails let them them know you will out them on the AudiWorld and all other social media.
Defiantly take them to small claims court.
Defiantly take them to small claims court.
#15
AudiWorld Member
Thread Starter
Thanks guys. I will be consulting a lawyer for an expert opinion, and I will proceed to take the dealer to court if I think I have a good chance. Fortunately, I work for an employer where Legal issues are covered free of cost.
#16
AudiWorld Member
Thread Starter
I actually did mention about giving the dealership poor reviews on online forums, he told me to do it. The nerves, these guys have.
#17
Not sure how it's greed when you placed a custom order and agreed/signed a NONREFUNDABLE deposit. Hate to break it to you but no lawyer is going to waste their time to get you back $1000.
#18
AudiWorld Member
Thread Starter
Considering the number of posts you have on your account and the join date, almost seems like you work for the dealership. If you are, let me tell ya, I have a legal plan covered by my employer, and so for zero cost, I can work with an attorney. Too bad the agreement explicitly mentions the deposit is forfeited only if I do not purchase the vehicle before 15 days of it's arrival. I'd rather have the judge decide than letting you guys get a free pass on my money. I have paper trail on my conversations with the salesperson too, proving the car did not have a VIN on the date of cancellation, and also that the order was placed by you guys in July, way before my order date. I am curious to see what the judge thinks about it. See you guys in court, soon.
Last edited by prashanth1337; 10-28-2017 at 04:05 AM.
#19
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.
#20
AudiWorld Member
Thread Starter
So, are you saying your're willing to live by your word and signature on the contract, and accept the forfeiture after the car has arrived, but that you just don't like the dealer telling you early on that they will be enforcing the contract? I too don't get why it's greed on the dealer's part. In my view it would only be greedy if the dealer had taken advantage of a customer with obvious diminished cognitive abilities who may not have understood the wording of the contract.