I'm impatient; any suggestions on how to get my deposit refunded?

Shimpy - did you put the $500 deposit down with cash, check, or credit card? If credit card, I may be able to help you.

 

Wow did you get screwed. (I'm sorry to say it so bluntly, but its true)

First you should have never agreed to a non-refundable deposit, especially for a Prius. Just because the sales contract says non-refundable doesn't mean you have to accept it (I'm assuming you initialed next to it). They will sell every single one they get in a day regardless if you're still on the list so there is zero risk for them. Next, agreeing to a refund after 6 months is ridiculous. If you were to accept the deposit situation as you did, you should have made it a maximum 90 days.

This does not help you now, but Maybe Leslie above can.

The idea is you want to be on a waiting list with a refundable deposit, so that you can continue to look and call around and perhaps get lucky, as many have.

 

In the auto business, a NON-Refundable deposit is a joke in most states, no such thing, it overrides the state motor vehicle laws, its more of a sales gimmick with no teeth, you can even turn down buying the car when it comes in for whatever reason, and they have to give you your deposit back. Check your states motor vehicle laws. Plus I think there is a buyer's remorse clause in most states also, and thats for after you have the car in your possession.

Now having said that, no dealer in his right mind, would not let you pass on the deal, he has a Prius on order for you, he can't keep them on the lot, and he can sell it for more than you paid.

 

yep he's right, i had a deposit at dealer A and dealer B had the prius in stock..biz manager at dealer B said no way they could keep the deposit, not only would it be illegal but no dealer wants to go thru that hassle should u decide to litigate..called dealer A and they said, no problem and sent it right away..

 

I'd be patient, but, regardless of the ultimate legality, there's no way I would have put down a "non-refundable" deposit. The two dealers I worked with (both charging MSRP, BTW) did not require any deposit - one took down a cc number, but said it would not ever be charged (and it has not been - even though I've now been assigned a car through them), the other merely kept a list of interested people (now well over 100 long), and just went down the list whenever they got their new allocation.

I can see a deposit for a special order car that the dealer might get stuck with (say a tricked-out Navigator . . .), but both of my dealers said they're not bothering with the hassle of taking deposits because they can sell every Prius they get ten times over.

Your state's laws regarding motor vehicle sales/deposits are likely online (get them directly from a State website though), and a call to your local BBB office if the dealer hassles you are good first steps if you run into resistance. Good luck whatever option you choose!

Cheers,

Dave

 

Call him and tell him that you changed your mind, if you have, he has only put the order in for a week, nothing is supposed to happen for months, changing your mind now is not going to cause him any harm, and having a Prius come in that you ordered, but don't want, is not going to cause him any paperwork, he will sell it in no time. All he did was send the order into the port for a Prius with your options, the car isn't made for you, all they are doing is waiting for one like that to come in.

 

OK. But, has your credit card actually been charged?

 

I got one for you, if they give you a hassle, just tell them that you will find a buyer and make a profit it on it when it comes in, or tell them that you have some people that will take it off your hands and pay you extra for it, if they want names, well give me my $500 back, and I'll tell them to talk to you.

 

Pure sales BS. They are not ordering anything for you and the useless paperwork is 1 sheet of paper that doesn't mean much. I ordered a loaded silver 2 years ago. A couple of weeks later I was offered the MG and accepted. The paperwork for the sale mattered. I asked about the order and was told to forget about it.

Was your credit card charged? If not, you haven't paid anything. I doubt the dealer would pay the fees on the transaction.

 

Where there you go. He said, she said.

If you want out of the deal, call your credit card company to dispute the charge and say you were told after the fact that the deposit is non-refundable, and you didn't sign anything. The dealer doesn't have a leg to stand on without anything signed, and as mentioned, they might not even have the authority under Florida law to have a non-refundable deposit.

On the other hand, you may just want to stay on the waiting list and wait for your car. In that case, you would want to stay on the list but have your deposit refundable so you can look - or compromise and change the terms to say if a delivery date isn't established in 60 days then the deposit is refundable. No they won't like it but tell them the very unusual situation with the Prius requires that you look out for your best interest when delivery dates are very, very wishy-washy, and they have no sales agreement. You have not ordered a car with a specific delivery date, you simply went on a list. (by the way, MINI also has around 3-4 month waits, almost all the cars are totally customized and built specifically for each customer, and the deposits are still refundable). They will also have incentive to find you a car first before you find one yourself, because they want the sale.

 

Several years ago (NYS) i put a deposit $5000 on a Suzuki truck which was a great deal. It was a long negotiation and the dealer new i was a shopper. He wrote in Hugh block letters NOT REFUNDABLE several times. When I got home a 2nd dealer had called me and needed a sale for the month and beat my best price by $$650. When i called to cancel they almost sh#$ and said i lost my deposit!!! Not in new York ... u can cancel at anytime up until u drive off the lot, especially when you are financing through them. They took a full 30 days to refund credit card but i got it. Check with your state but I don't think its legal to keep.

 

I'm with stevecaz. Leave it alone for now. It won't be any harder to cancel when the car arrives, and by then you might want a second one for some relative, or just to flip for a couple extra thou, if gas is $6 by then.

Plus, I doubt you're going to get one elsewhere any faster.

 

Great suggestion wait at least until your charge is due ...
should give you about thirty days to play with

 

One thing to note would be that just because the other dealer says you can get one in about a week doesn't mean it will happen. I would put a deposit down on the other car too and see which one comes in first.

 

Just don't wait longer than 60 days from the CC transaction date as you're dispute window will close at that point.

 

You can go by a clause called "Date of Discovery". That'll cover you in a chargeback situation as a cardholder.

If you really want to get out of this deposit this is what you do: If that authorization form you sent in didn't have any clause about a non-refundable charge (that you would have signed 1/4 inch from the specific clause on the paperwork), then you have a right to dispute the charge with your credit card company. You would call them and say that you put down a deposit using your credit card, but now you've changed your mind and the dealership won't give you your credit back. The dealership will have to provide proof that the cancellation policy was properly disclosed at the time of the transaction (via a signed contract). They obviously don't have that, so you'll get your money back.

Now, this doesn't take into account any specific state laws - this is just the credit card side of the story.

hope this helps.

 

No such thing as a non-refundable deposit in the state of Florida. The dealer has to sell you something to take your money. If they do take your money and do not sell you something that is THEFT. Call the General Manager of the dealership and tell him you are contacting the State Attorney's office consumer fraud division and the local press if you do not get your measily $500 bucks back. Trust me, the Manager will be more than happy to give your money back with a big appology for the 'misunderstanding". You will have your money back the day you make the call.