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Non-refundable deposit - can I break it?

Discussion in 'Gen 2 Prius Main Forum' started by Larry_R, Jun 9, 2007.

  1. Larry_R

    Larry_R Wryter

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    Hi - I've ordered a new Prius, but my Naples, FL dealer either can't or won't seem to find the car I've ordered. In such a case, is the "non-refundable partial payment" I gave them returnable to me? I've only signed a vehicle locator paper, not a formal contract. Need a little help here, please!
     
  2. ystasino

    ystasino Active Member

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    <div class='quotetop'>QUOTE(Wryter @ Jun 9 2007, 10:16 AM) [snapback]458626[/snapback]</div>
    How long has it taken the dealer? Do you have the papers you signed? What do they say? There must be a limit after which this becomes void.
     
  3. Larry_R

    Larry_R Wryter

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    <div class='quotetop'>QUOTE(ystasino @ Jun 9 2007, 10:22 AM) [snapback]458630[/snapback]</div>
    It's been ten days, with no answer when I call the sales-guy. The paper is a standard "vehicle locator" document that just says what the car is, the agreed-on price, what the trade is, and my "non-refundable" partial payment listed at the bottom. I signed the paper, but the salesman did not. doesn't give any time frame, etc.
     
  4. ystasino

    ystasino Active Member

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    <div class='quotetop'>QUOTE(Wryter @ Jun 9 2007, 10:27 AM) [snapback]458633[/snapback]</div>
    I don't think 10 days is that long, but it's crazy that the salesman won't tell you when your car might arrive. Did you ask him/her?

    In my experience you will have to wait a "reasonable" amount of time it could take the dealer to locate the exact vehicle you ordered and may even have to import it from Japan. That's what my logic says. If you want to go to that dealer and ask for another vehicle then who knows, is that dealer really far?
     
  5. inventor00

    inventor00 Active Member

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    Talk to the fleet manager- they usually are a little more upfront...
     
  6. Larry_R

    Larry_R Wryter

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    Trying to get an answer - any answer from the sales-guy. E-mail? Nope. Dealer phone? Nope. Cell phone? Nope. Guess I have to go in and camp out or trap him as he goes out for lunch? Hmm. . .should have dealt with the Ft.Myers Toyota folk, who came in with an $800 higher deal, but who DO answer phone calls!
     
  7. jimmylozza

    jimmylozza New Member

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    There is a lot of turnover in automotive sales. Did you ask the operator if the person still works there?
     
  8. GoEco

    GoEco Red Prii Rule

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    Are you sure it's non-refundable? Whenever I've put a deposit down it's refundable and if I've given a credit card they usually don't even charge it.
     
  9. SW03ES

    SW03ES Senior Member

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    <div class='quotetop'>QUOTE(Wryter @ Jun 9 2007, 10:16 AM) [snapback]458626[/snapback]</div>
    Never, ever pay a non-refundable deposit again. I've ordered multiple cars in allocation like that and always paid REFUNDABLE deposits. If you're special ordering the car thats one thing, but just getting the dealer to allocate it for you, non-refundable or go down the road to another dealer
     
  10. Larry_R

    Larry_R Wryter

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    In this case, they charged my credit card the next morning. Hmm. . .and yes, the guy still works there - at least it's his voice on his two voice-mails! Heck - maybe he IS gone???

    Think I'll drop in at the dealership - having a 6-2, 230-pound guy standing in front of you is a bit more intimidating than a ringing phone. . .
     
  11. PriusBoyAZ

    PriusBoyAZ New Member

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    It's never a good idea to sign something saying "non-refundable deposit". My dealer took a $500 deposit to locate my Prius, but it was refundable in the event they couldn't locate the car or I changed my mind.
     
  12. Larry_R

    Larry_R Wryter

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    My problem is that my wife and I heard the sales-mope say "you can get your deposit back if I can't find the car in a reasonable time." But talk is cheap - and I don't trust this dealer one bit - and there, on the car-search document, it does say "non-refundable." I'm trying to find the salez-guy to ask, but he won't return phone calls or e-mails.
     
  13. mootsman

    mootsman New Member

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    I've been buying new cars off and on since 1966 and I've never put a penny down before delivery of the car. Is Toyota in general the worst for this crap or for some reason are Prius shoppers for some reason, shall we say, "more vulnerable" to these tactics?
     
  14. moxiequz

    moxiequz Weirdo Social Outcast

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    <div class='quotetop'>QUOTE(Wryter @ Jun 9 2007, 01:16 PM) [snapback]458798[/snapback]</div>
    What about the fleet manager? Or dealership management (not sure if they're different)? Can you locate and contact the owner of the dealership? This is sounding an awful lot like fraud. Even if that particular sales guy left and even if you did sight that contract I'd be surprised if the dealership management didn't take steps to keep this from escalating.
     
  15. Larry_R

    Larry_R Wryter

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    I'll be doing a "walk-in" at the dealership on Monday - we'll see what happens then.
     
  16. V8Cobrakid

    V8Cobrakid Green Handyman

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    this issue has come up in the past. same question. same answer... Toyota says that any of the deposits have to be refundable. plain and simple. It's been a while, so i can no longer quote sources.
     
  17. Spin359

    Spin359 Junior Member

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    Your going to be fine, If they cant wont work with you.

    1. The salesman didnt sign the contract, you can sign it but it is not a deal both partys sign.
    2. call your credit card company and tell them the item paid for was not delivered and will not be. they will get your money back for you.
     
  18. ken_c230

    ken_c230 New Member

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    <div class='quotetop'>QUOTE(Wryter @ Jun 9 2007, 09:16 AM) [snapback]458626[/snapback]</div>
    Just as previously posted, I'm certain there is no legal way that your deposit could be kept by the dealer if you insisted on reimbursement. Car purchase deposits are always refundable, as there is no "consideration" without delivery of the vehicle. Consideration is a requirement for any legal contract, whether written or verbal.

    Ken's Prius
     
  19. JimN

    JimN Let the games begin!

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    <div class='quotetop'>QUOTE(Wryter @ Jun 9 2007, 09:27 AM) [snapback]458633[/snapback]</div>
    Depending on what you want 10 days probably isn't enough time to find and deliver it. A polite face-to-face meeting with the Sales or General Manager is a good idea. You should be able to walk away with either a more precise written and signed agreement or a credit on the charge card. Requesting a charge back through the bank should be an unnecessary last resort but do it before the charge needs to be paid.
     
  20. slair

    slair Ubër Senior Member

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    I smell a lawsuit...or a headshot.

    Is it wrong to be strong?
    You decide.