Question about dealers rights - Camaro5 Chevy Camaro Forum / Camaro ZL1, SS and V6 Forums

TJR1952 · 05-23-2013, 05:00 PM

If you ordered a camaro and left a deposit , is it up to the dealer to keep or return money if you walk away from the deal.

LSXaddict · 05-23-2013, 05:04 PM

They HAVE to return the money right away. The car is not sold and nothing is soldified in CA until the car has been delivered and driven off the property.

upstater · 05-23-2013, 06:01 PM

If there was no dealer assistance in obtaining you financing, they may be able to keep a reasonable amount of your deposit to offset their costs incurred by your change. That is assuming the car was built, shipped and exactly how you ordered it.

05stram · 05-23-2013, 07:35 PM

IF the dealer incurred no cost in the transaction, AND you signed no paperwork the federal trade commission does not permit them to keep the deposit. However if they located you a car and had it in route they can CLAIM an expense even if it never made it to the dealer. If your deposit was not refundable in full it HAD to be explained to you and noted on your receipt according to the FTC this is for anything and not just an automobile. You can handle it one of two ways - 1. IF you have not approached the dealer and got an answer then do so, if the answer was no ask for their dealer number issued by the state. IF they do not give it to you find a car with their dealers tag if it applies and get a tag number and you can use that. Report the dealer to the licensing agency in your state, the dealer will get a call and the agency will send you through the state consumer advocate for additional help. 2. You can call your bank if you did it on a credit card and report the failed transaction and the credit card company will typically sort through it for you - NOT debit but credit - never put a deposit with a check, cash, or debit as it is harder to deal with.

LSXaddict · 05-23-2013, 10:52 PM

In my experience in California (OP and my owns' state) the dealership must refund all of the deposit regardless of cost. This is due to the fact that the destination charges and other fees all will be covered when the vehicle is sold to another buyer since they will still recieve the vehicle.

paul84043 · 05-24-2013, 11:39 AM

It all depends on whether or not you signed a contract.
Whatever you signed is the terms of your agreement.

If I were a dealer and special ordered a vehicle for someone, I would want some kind of guarantee that I'm not going to get stuck with a vehicle that's going to be hard to move.

Rip · 05-24-2013, 12:15 PM

Quote:

Originally Posted by paul84043

It all depends on whether or not you signed a contract.
Whatever you signed is the terms of your agreement.

If I were a dealer and special ordered a vehicle for someone, I would want some kind of guarantee that I'm not going to get stuck with a vehicle that's going to be hard to move.

This. When I ordered mine it was spelled out that the deposit was non-refundable. If I were a dealer there is no way I'd special order anything without a non-refundable deposit. There are costs involved (albeit relatively small ones) in ordering but more importantly it could take quite a bit of time to sell it once it arrives depending on how it was configured and that costs more than the initial deposit typically.

Frank in MD · 05-24-2013, 01:57 PM

It largely depends upon the situation. A business usually does have the right to keep to keep a deposit on a custom ordered peice of merchandise if the customer who ordered the merchandise refuses to purchase. Again, it depends upon the situation as if you refuse b/c the item is not as you ordered, damaged somehow or poor quality then you usually are allowed to walk away w/ your money.

If you changed your mind, had some financial hardship, or even found a better deal after the fact you're pretty much stuck with eating the deposit as the cost of doing business. A reputable business should explain that to a consumer before doing such a deal but they usually aren't required to do so.

jd10013 · 05-24-2013, 02:52 PM

Quote:

Originally Posted by paul84043

It all depends on whether or not you signed a contract.
Whatever you signed is the terms of your agreement.

If I were a dealer and special ordered a vehicle for someone, I would want some kind of guarantee that I'm not going to get stuck with a vehicle that's going to be hard to move.

that sounds about right. I've never heard of a dealer ordering something custom for somebody without wanting at least a $500 non-refundable deposit. I think it's referred to as good faith money.

sodapop · 05-24-2013, 03:12 PM

In florida the dealer can not keep a deposit. It's not yours until you drive it away. If they bring the car and the paper work to you, you have 72 hours to back out of the deal.

jd10013 · 05-24-2013, 04:12 PM

Quote:

Originally Posted by sodapop

In florida the dealer can not keep a deposit. It's not yours until you drive it away. If they bring the car and the paper work to you, you have 72 hours to back out of the deal.

if there's a singed contract that says the dealer can keep the deposit if the seller backs out then the the dealer can keep the deposit. most contracts stipulate that if the deal falls through, and the seller isn't at fault , then the buyer looses his deposit. pretty standard language when you have a home built, or buy a business too. and if the cost of the car was 30k or more, then I'm sure the dealer got a contract signed. too expensive a piece of inventory to have to sit on for 3-6 months because someone ordered it and then changed their mind.

upstater · 05-24-2013, 04:22 PM

Seems like some want their "deposit" to be binding on the dealer when it works for them and non binding when they change their mind.

I just took a deposit on my house. Does it force the new owner to be at the closing table? No. It helps to pay for my expenses and next house. How about you don't give deposits if your not sure. That way you can avoid the arguments and possibly dealing with State agencies.

05-23-2013, 05:00 PM	#1
TJR1952 Drives: 2013 2LT Join Date: Jun 2012 Location: WEST COVINA,CA Posts: 286	Question about dealers rights If you ordered a camaro and left a deposit , is it up to the dealer to keep or return money if you walk away from the deal.

05-23-2013, 05:04 PM	#2
LSXaddict Drives: 1ss in Blue Ray Metallic Join Date: May 2013 Location: San Diego, CA Posts: 384	They HAVE to return the money right away. The car is not sold and nothing is soldified in CA until the car has been delivered and driven off the property. __________________ 2013 1SS M6 with Flowmaster Pro 10 axle back and CAGS shift skip eliminator

05-23-2013, 10:52 PM	#5
LSXaddict Drives: 1ss in Blue Ray Metallic Join Date: May 2013 Location: San Diego, CA Posts: 384	In my experience in California (OP and my owns' state) the dealership must refund all of the deposit regardless of cost. This is due to the fact that the destination charges and other fees all will be covered when the vehicle is sold to another buyer since they will still recieve the vehicle. __________________ 2013 1SS M6 with Flowmaster Pro 10 axle back and CAGS shift skip eliminator

05-24-2013, 01:57 PM	#8
Frank in MD Raining Blood Drives: 2014 SS Performance Sedan Join Date: Oct 2009 Location: facebook Posts: 2,683	It largely depends upon the situation. A business usually does have the right to keep to keep a deposit on a custom ordered peice of merchandise if the customer who ordered the merchandise refuses to purchase. Again, it depends upon the situation as if you refuse b/c the item is not as you ordered, damaged somehow or poor quality then you usually are allowed to walk away w/ your money. If you changed your mind, had some financial hardship, or even found a better deal after the fact you're pretty much stuck with eating the deposit as the cost of doing business. A reputable business should explain that to a consumer before doing such a deal but they usually aren't required to do so. __________________ Ordered 1/9/12 - Born 2/3/12 - Delivered 2/21/12 - '12 1SS/RS Summit White - TRADED. 2014 SS Performance Sedan #2974 - Red Hot 2 - S/R. & Spare. Built 01/09/14 #238 of 291 as configured

05-23-2013, 06:01 PM	#3
upstater Drives: 2015 2LT RS Conv built 5/25/15 Join Date: Feb 2013 Location: Parrish FL Posts: 50 View My Garage	If there was no dealer assistance in obtaining you financing, they may be able to keep a reasonable amount of your deposit to offset their costs incurred by your change. That is assuming the car was built, shipped and exactly how you ordered it.

05-23-2013, 07:35 PM	#4
05stram Drives: 2013 RS - 2013 2SS/RS - 1971 RS Join Date: Sep 2012 Location: West Virginia Posts: 1,027	IF the dealer incurred no cost in the transaction, AND you signed no paperwork the federal trade commission does not permit them to keep the deposit. However if they located you a car and had it in route they can CLAIM an expense even if it never made it to the dealer. If your deposit was not refundable in full it HAD to be explained to you and noted on your receipt according to the FTC this is for anything and not just an automobile. You can handle it one of two ways - 1. IF you have not approached the dealer and got an answer then do so, if the answer was no ask for their dealer number issued by the state. IF they do not give it to you find a car with their dealers tag if it applies and get a tag number and you can use that. Report the dealer to the licensing agency in your state, the dealer will get a call and the agency will send you through the state consumer advocate for additional help. 2. You can call your bank if you did it on a credit card and report the failed transaction and the credit card company will typically sort through it for you - NOT debit but credit - never put a deposit with a check, cash, or debit as it is harder to deal with.

05-24-2013, 11:39 AM	#6
paul84043 Drives: 2015 Camaro 2SS RS 1LE Join Date: Nov 2011 Location: Lehi, Utah Posts: 1,349 View My Garage	It all depends on whether or not you signed a contract. Whatever you signed is the terms of your agreement. If I were a dealer and special ordered a vehicle for someone, I would want some kind of guarantee that I'm not going to get stuck with a vehicle that's going to be hard to move.

05-24-2013, 03:12 PM	#10
sodapop Drives: 2011 2SS Join Date: Feb 2011 Location: new port richey, fl Posts: 52	In florida the dealer can not keep a deposit. It's not yours until you drive it away. If they bring the car and the paper work to you, you have 72 hours to back out of the deal.

05-24-2013, 04:22 PM	#12
upstater Drives: 2015 2LT RS Conv built 5/25/15 Join Date: Feb 2013 Location: Parrish FL Posts: 50 View My Garage	Seems like some want their "deposit" to be binding on the dealer when it works for them and non binding when they change their mind. I just took a deposit on my house. Does it force the new owner to be at the closing table? No. It helps to pay for my expenses and next house. How about you don't give deposits if your not sure. That way you can avoid the arguments and possibly dealing with State agencies.