What is to stop a dealer from refunding a deposit? - Camaro5 Chevy Camaro Forum / Camaro ZL1, SS and V6 Forums

Redwolf20 · 02-15-2009, 07:48 PM

Just curious...

What is to stop a dealer from refunding a deposit on a pre-ordered Camaro AFTER a price was negotiated and promised then saying he now wants 5k over MSRP or invoice?

Getting close to production time and thinking some dealers out there are wolves in sheeps clothing.

Top Thrill · 02-15-2009, 08:28 PM

Nothing realy. I would hope a dealer would not do this for fear of the bad press it may cause but, I am sure there are some that will try.

NUCAR · 02-15-2009, 08:58 PM

Quote:

Originally Posted by Redwolf20

Just curious...

What is to stop a dealer from refunding a deposit on a pre-ordered Camaro AFTER a price was negotiated and promised then saying he now wants 5k over MSRP or invoice?

Getting close to production time and thinking some dealers out there are wolves in sheeps clothing.

Is yours?

Mr_Draco · 02-15-2009, 09:04 PM

Quote:

Originally Posted by Redwolf20

Just curious...

What is to stop a dealer from refunding a deposit on a pre-ordered Camaro AFTER a price was negotiated and promised then saying he now wants 5k over MSRP or invoice?

Depends on if it's in writing or not. If it's in writing then it's treated as a legally binding contract in court and as such can be treated as a breach of contract which can result in a pretty nice settlement.

UCF w00t · 02-15-2009, 09:08 PM

Quote:

Originally Posted by Mr_Draco

Depends on if it's in writing or not. If it's in writing then it's treated as a legally binding contract in court and as such can be treated as a breach of contract which can result in a pretty nice settlement.

Don't hold your breath on that. You gonna take a dealer to small claims court or something?

fastball · 02-15-2009, 09:12 PM

That's why the deposit should always be in writing that it is fully refundable at any time up to and including the date of delivery.

Redwolf20 · 02-15-2009, 09:16 PM

Quote:

Originally Posted by NUCAR

Is yours?

Maybe. GM that agreed to the pricing resigned and they got a Dodge guy to take his spot. "I sold Challengers for 15k over MSRP" is his mentality so it's looking grim.

teamlynn1 · 02-15-2009, 09:21 PM

In most states it is illegal to keep a customers deposit without delivering the goods. Your dealer cant and will not under duress be able to keep your deposit. You have nothing to worry about, in fact if your dealer is trying to do this just give me the name of the dealership and parties involved and I will handle it with a phone call or two. If a Chevy dealer is trying to do this crap it really pisses me off, we dont need to keep a customers deposit, what we need are happy customers DRIVING the product spreading the good word about there experience AND there vehicles! Let me know if you need some help

Redwolf20 · 02-16-2009, 07:50 AM

Quote:

Originally Posted by teamlynn1

In most states it is illegal to keep a customers deposit without delivering the goods. Your dealer cant and will not under duress be able to keep your deposit. You have nothing to worry about, in fact if your dealer is trying to do this just give me the name of the dealership and parties involved and I will handle it with a phone call or two. If a Chevy dealer is trying to do this crap it really pisses me off, we dont need to keep a customers deposit, what we need are happy customers DRIVING the product spreading the good word about there experience AND there vehicles! Let me know if you need some help

In this case, can the new general manager change what he is going to sell the car to me for WITHOUT refunding a deposit that was in exchange for the previous price?

Remember, the price was agreed upon by the sales manager and old general manager. Both have stated such to the new GM.

Koolwip · 02-16-2009, 08:21 AM

If this happens in Texas, let me know. Even if the agreement is not in writing, it is still a valid and binding contract. A lilttle harder to prove, but it is still a contract. The fact that you put a deposit down, have a receipt, etc... makes it even easier to prevail. In fact, without a writing/document/etc.. wherein you have agreed to pay $5k over, the Court will resolve the issue of price by using the MSRP. Any attorneys on the list from CA?

PonyMan · 02-16-2009, 08:43 AM

Quote:

Originally Posted by Redwolf20

Just curious...

What is to stop a dealer from refunding a deposit on a pre-ordered Camaro AFTER a price was negotiated and promised then saying he now wants 5k over MSRP or invoice?

Getting close to production time and thinking some dealers out there are wolves in sheeps clothing.

That was what I liked about the 1k Solstices, the dealers could not sell any of the 1k Solstices for over MSRP. If you got one of the 1k, GM called you and verified you did not work for, or had any relatives working for GM or any of the dealerships. GM caught dealers trying to go around the rules, they lost that 1k car.

A local dealer told me straight out about the 2010 Camaro "we will do pre-sold orders to friends of employees". What he means is they will show all 18 allocated Camaros as sold orders, and when the cars come in, the "friend of the employee" backs out of the order. Now the dealership has a 2010 Camaro (most V8's) for the lot and ready to sell for what ever some sucker is willing to pay for it. I don't think they will do it on all 18, but 9 out of 18 I bet. And the sad thing about it is, they will get away with it.

teamlynn1 · 02-16-2009, 10:16 AM

A couple of Questions, first do you have the agreement in writing signed by both you and a dealership representitive? Second have you asked the new GM if he is going to honor the previous regimes contract. I think it would be hard if you had it in writing but I am learning in from others experiencs in here that there are some shady dalers out there. I have worked for my same owners 18 years now and only know one way to do business. BE HONEST and upfront with your customers so these horror stories make me sick. Im sure your place will do the right thing if given the chance.

Quote:

Originally Posted by Redwolf20

In this case, can the new general manager change what he is going to sell the car to me for WITHOUT refunding a deposit that was in exchange for the previous price?

Remember, the price was agreed upon by the sales manager and old general manager. Both have stated such to the new GM.

Redwolf20 · 02-16-2009, 07:51 PM

Found another dealer in a nearby city. Good to go and now back to our regularly scheduled programming!

Old dealership is refunding deposit and baffled.

teamlynn1 · 02-16-2009, 09:31 PM

Good to hear you got handled!

Quote:

Originally Posted by Redwolf20

Found another dealer in a nearby city. Good to go and now back to our regularly scheduled programming!

Old dealership is refunding deposit and baffled.

02-15-2009, 07:48 PM	#1
Redwolf20 Drives: 2010 Camaro SS/RS Join Date: Jan 2009 Location: Lemoore, CA Posts: 364	What is to stop a dealer from refunding a deposit? Just curious... What is to stop a dealer from refunding a deposit on a pre-ordered Camaro AFTER a price was negotiated and promised then saying he now wants 5k over MSRP or invoice? Getting close to production time and thinking some dealers out there are wolves in sheeps clothing.

02-15-2009, 08:28 PM	#2
Top Thrill BOD 5/28/09 #13485 Drives: 2010 Camaro 2LT RS Join Date: Jan 2009 Location: Chesapeake, Virginia Posts: 913	Nothing realy. I would hope a dealer would not do this for fear of the bad press it may cause but, I am sure there are some that will try. __________________

02-15-2009, 09:21 PM	#8
teamlynn1 Mr. Chevrolet Drives: 2007 Tahoe Z71, 2009 Silverado Join Date: Nov 2008 Location: Tacoma, Wa Posts: 342	In most states it is illegal to keep a customers deposit without delivering the goods. Your dealer cant and will not under duress be able to keep your deposit. You have nothing to worry about, in fact if your dealer is trying to do this just give me the name of the dealership and parties involved and I will handle it with a phone call or two. If a Chevy dealer is trying to do this crap it really pisses me off, we dont need to keep a customers deposit, what we need are happy customers DRIVING the product spreading the good word about there experience AND there vehicles! Let me know if you need some help __________________ Bobby Lynn GM Burien Chevrolet www.burienchevrolet.com 206-243-5800 ext 151

02-16-2009, 08:21 AM	#10
Koolwip Steve & Stefani Drives: 2010 Camaro 2SS/RS Join Date: Dec 2008 Location: San Antonio, Texas Posts: 262 View My Garage	If this happens in Texas, let me know. Even if the agreement is not in writing, it is still a valid and binding contract. A lilttle harder to prove, but it is still a contract. The fact that you put a deposit down, have a receipt, etc... makes it even easier to prevail. In fact, without a writing/document/etc.. wherein you have agreed to pay $5k over, the Court will resolve the issue of price by using the MSRP. Any attorneys on the list from CA? __________________

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02-15-2009, 09:12 PM	#6
fastball Banned Drives: 2017 Camaro 2SS 6MT Join Date: Aug 2006 Location: Cleveland, Ohio Posts: 4,372	That's why the deposit should always be in writing that it is fully refundable at any time up to and including the date of delivery.

02-16-2009, 07:51 PM	#13
Redwolf20 Drives: 2010 Camaro SS/RS Join Date: Jan 2009 Location: Lemoore, CA Posts: 364	Found another dealer in a nearby city. Good to go and now back to our regularly scheduled programming! Old dealership is refunding deposit and baffled.