thomasjordan

Sorry for the X-post, but wanted to hit both AW and AZ. Hopefully others can learn from me.

I've been lurking for about 3-4 months on these boards. I ordered an 2011 6MT ICE S4, black/silver napa, B&O, Ti back in October 2010, $1k deposit from "dealer A". After I ordered, I read posts on these forums almost daily. On December 27, I was told my car was loaded on a ship bound for the US.

During this time, mainly based on information from the boards, I started having second thoughts about the car. I wanted the sport diff, started thinking alcantara was better for me, and after looking at so many pictures, thought I'd like a darker color better. Every post helped me understand what I wanted more and more, so thank you all for the pics and your opinions.

My car was due into port Jan 12th, so I called "dealer A", and evidently my ship had just left the same day from Europe. Last Friday, I started poking around audiusa, and to my surprise an S4 was in stock at a dealer ("dealer B")200 miles away (in the middle of the CO mountains) almost exactly like I wanted (Meteor, 6MT, sport diff, black/silver alcantara, nav, etc.). I called Dealer B, and they were very accommodating, and actually told me that my ordered car was still at the factory, and we discussed the one they had in stock. After calling me back many times they arrived at a decent price.

During this, I called the original dealer A and honestly explained that I now wanted this other car from dealer B, could they get it for me, etc. They tried to tell me that I didn't *really* want the other one, I really wanted the one I ordered... but I didn't. They explained everything I didn't need was on the meteor one, and everything I wanted was on the one I ordered. I told them I'd think about it, but I really wanted one like the one at dealer B.

The next day, after sleeping on it (or after a sleepless night), I bought the meteor gray one over the phone from dealer B. I figured it was my one chance to get what I really wanted. So, over the phone, I decided whether or not I get my deposit back, I wanted the meteor one and I bought it. I was a little nervous buying a car I had not seen in person.

Small issue, it's 200 miles away, and in the mountains with a few passes between here and there. Dealer B agreed to ship the car to me, but day after day went by with bad weather (read I70 closed) in the mountains (and a holiday weekend). It's hard having waited since Oct, then buying a different one, then not having it! FINALLY, one week later, today, the car is in my warm garage... cleaned up and waxed up, rather than sitting in the freezing snow in the mountains. It is exactly what I wanted.

During the week, I emailed Dealer A, explained the situation, and requested at least a portion of my deposit back once they sell the car I ordered. No response, yet. I plan to follow up with a snail mail letter, as I'd like to get everything in writing versus just talking to them. I doubt I'll get anything, but ...

So lesson learned, make sure you read the boards and know what you want. And thank you again to everyone who shares on these boards, it helps Audi newbies like me make better decisions.

sharding

They should give you your deposit back. Every dealer I've talked to has said their deposits are refundable. Did they specifically tell you the deposit was nonrefundable when you ordered?

I did a similar thing to what you did -- I ordered an A5, and decided I wanted an S5 shortly before the A5 arrived. The original dealer couldn't get me the S5 I wanted, but another local dealer had a perfect one inbound from the factory. I bought from the second dealer, and had no problem getting my deposit back from the first dealer (it took a couple of weeks, but they didn't object or anything).

elam

At least in CA, all such deposits are fully refundable, as required by law.

carguyrob

I believe a refund of your deposit is required by law in most or all states. The law says something about 'consideration'. You need to have received something for your deposit and you didn't. They will turn around and sell that S4 to another customer, no problem. With any car deal, you have the right to walk away all the way up to the point of signing the paperwork.

A number of salespeople in IL have told me that they cannot legally keep a deposit. They are only trying to make the buyer feel more committed to the deal.

My Audi SA even told me that they are fine with refunding the money on a deposit. My order allows them to put a name on a car and have it to sell on their lot. As long as it isn't some funky, hard-to-sell color, they would happily give me back my deposit. Audi dealers are very restricted on ordering S models so they lot to have an available car on their lots.

Tell the dealer you talked to an attorney and they are required by law to refund you your entire deposit. Call their bluff and see what happens.

Let us know how it turns out!

jchanson

My dealer told me that deposits on ordered cars were non-refundable. In the end,however, I wouldn't let $1k stand between me and the car that I want.

Huey52

My order purchase and sale agreement specifically cites that the deposit is non-refundable (required initialling). But I appreciate the "..some consideration.." argument and would employ same if necessary (which in my case thankfully not).

vietle

they should give you back a refund but are just giving you a hard time. i would even drive up to the dealership and speak to someone face to face so they can't give you the run around or avoid you calls. S4's move quickly and they know that. even if they can't sell it themselves another dealer somewhere in the states will buy it from them and sell it. if the car is still in germany, it's even easier for audi to move it globally so there is no reason for them to keep your deposit.

DrGP

Dealers tell you a lot of things that are not true. Unless they are ordering some special Audi exclusive color or interior combo that would be desirable for some other buyer to want, the deposit should be refundable. If you signed a paper indicate the deposit is non refundable, it could be a problem UNLESS it is illegal in that state to do so. BTW, the dealer will probably have no problem selling your car as equipped. I ordered my last car without putting down a deposit. Actually the deposit is beneficial to the buyer. Since you can walk away from the deal, the dealer is obligated to produce the ordered car for, you with the correct specs.

audi40

Did you put the deposit on a credit card?


Unless you signed something saying the deposit was non-refundable, then you should be able to get it back. If the dealer won't refund it directly, then contact your credit card company and contest the charge.

Brandonb

Even if you signed something that says "non-refundable deposit" it doesn't make it so if your state's laws say otherwise.