Can A Nj Car Dealer Keep My Deposit
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| I made the mistake of putting a deposit down for a car cause the dealer pressured me. This dealer is far from my home and I don't really want to go back there. The dealer is telling me I need to go there to get the deposit refunded and bring the receipt slip. I paid with Amex card, can I just call them to stop the payment and never go back there? |
05-21-2012, 09:05 PM | | |||
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| Quote: Originally Posted by gus030 I made the mistake of putting a deposit down for a car cause the dealer pressured me. This dealer is far from my home and I don't really want to go back there. The dealer is telling me I need to go there to get the deposit refunded and bring the receipt slip. I paid with Amex card, can I just call them to stop the payment and never go back there? They probably want you to go back so you can be pressured in to buying a car. While they can't refuse to return your deposit if the deposit was refundable, they probably do have control over the terms in which it is returned. Call Amex to find out if they will stop payment. But why would they if it was a legitimate charge? |
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| amex said they can't stop payment but they can dispute the charge, or that i can ask the dealership to call them to stop the payment |
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| How far is the dealer and how big is the deposit? |
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| Quote: Originally Posted by gus030 I made the mistake of putting a deposit down for a car cause the dealer pressured me. This dealer is far from my home and I don't really want to go back there. The dealer is telling me I need to go there to get the deposit refunded and bring the receipt slip. I paid with Amex card, can I just call them to stop the payment and never go back there? Why don't you just go back, give them the receipt, and get out ASAP? I mean honestly, it's your money and they have no control over how YOU spend it. I have a hard time believing that you put a deposit on a car that you have no intention of buying because a dealer "pressured" you into it...it's fairly easy to get up and walk out the door. Is something else going on, did you intend to purchase the vehicle and just change your mind at the last moment? |
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| Much depends upon the state laws that apply for your purchase. In many states, if you signed a sales order or other documents accepting the sale, then the dealer has a legitimate contract from you which specifies that you are exchanging money for a vehicle. Putting a deposit on that sales order reinforces the dealer's sales contract for his good faith in the deal. Unless the sale was further contingent upon obtaining financing to complete the contract, the dealer has every right to expect that you will complete the sale. Most dealer contracts that I've seen will specify that if you don't obtain the financing, the dealer has the right to try to obtain it for you as long as it's within the specified terms of the contract range. If they locate such financing for you, then you are contracted to finish the deal per the sales order ticket ... or, typically, forfeit any deposit ("earnest money"). Generally, a dealer isn't going to accept your deposit on a vehicle sale without a signed sales order to show the price, vehicle, and give you a receipt for the value received. They're generally not fools over buyer's remorse situations, and most dealerships know their contracted rights and responsibilities once you've signed a sales order. This is where your state laws regarding your right to cancel the contracted sale become important ... but you need to know what applies before you head back to the dealer. If the dealer claims that they've got a sales order signed by you, AMEX isn't going to cancel your deposit payment. I always tell people to never pay any money to a dealership or take a car off a lot until the entire deal is completely inked and all the blanks are filled in with numbers you accept. Otherwise, you leave yourself wide open to many dealership sales practices which put you at a financial disadvantage even if you don't complete the deal or take the vehicle. OTOH, if you didn't sign any paperwork, then the dealer doesn't have a legal claim to your money unless they can establish and prove a verbal sales contract was made. In some states, that verbal contract is enforceable, and they've got the proof of your intent at the time via the fact that you put money into the deal in exchange for the expected value of the vehicle to be received. So, did you sign anything at the dealer? IF so, they have most likely established a claim to your money and a trip to them is going to be necessary to unwind your deal, if they are so inclined to do so. |
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| I placed $500 deposit, what I signed says: preference statement. this is not a contract for the sale of a vehicle. it is solely a statement of the preference of the prospective buyer and an indication of the price, equipment, approximate time of delivery and termas at te time of sale. It is not binding upon either the prospective buyer or the dealer and the indicated price may change before any sale. the money left with the dealer may be returned at any time on the request of the prospective buyer. This paragraph supercedes any other provisions of this document which may be contrary hereto. |
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| Quote: Originally Posted by SpeedyAZ I have a hard time believing that you put a deposit on a car that you have no intention of buying because a dealer "pressured" you into it...it's fairly easy to get up and walk out the door. I've been to a time share presentation and if I can say no to that kind of pressure, I can say no to a water salesman in the middle of the desert. |
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| Quote: Originally Posted by TechGromit I've been to a time share presentation and if I can say no to that kind of pressure, I can say no to a water salesman in the middle of the desert. I didn't buy anything, the deposit is just so the dealer will hold the car and no-one else can buy it. Not sure how the law is in other states but this is the law in NJ. Its not a binding contract until you sign the purchase statement that has all the fees, tax, etc on it. This is only a statement that you agreed on a price and prefer this vehicle. Last time I was buying a used car I had placed 3 $500 deposits on 3 diff cars and had all 3 refunded. This is the first time the dealer didn't live close to me and/or wouldn't refund over phone. I just meant it was pressurized to sign to hold that price and car, I knew ahead of time it is all refundable I just didnt know I had to drive there to refund it. |
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| Well if you want to get your money back then just drive out to the dealer hand over the receipt slip and get your money back and if not then just tell them to keep the deposit and it's a done deal.. I mean it is your money you can either go drive out there get it back our just write off the loss... it is up to you... |
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Can A Nj Car Dealer Keep My Deposit
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