How to get back the deposit

[niceguy1234]

If I paid a $1000 deposit (by credit card) to the car dealer, can I get it back if I change my mine and the car is not delivered? The car dealer may not be willing to do that, but am I entitle to get the refund?

[romsan04]

If I paid a $1000 deposit (by credit card) to the car dealer, can I get it back if I change my mine and the car is not delivered? The car dealer may not be willing to do that, but am I entitle to get the refund?

Don't give any deposits. This way you don't have to get it back.

[Sylvestre]

Did you sign any type of agreement? The terms and conditions will stipulate the answer to your question.

If there's no signed agreement, you should be find but expect a challenge if the dealer wants to be mean.

[ac328]

If you want to play hardball you can always call your credit card company and file a dispute with the dealer, that way the $1,000 charge will be suspended.

However, try talking to the dealer first, you may find that they will be willing to let you walk away with your $1,000.

[rogerrabbit168]

your location is BC, so I'm not sure, but if you are in ON, you are pretty much out of luck, once you give a deposit and sign that sales paper, you are committed

[Atomic Chip]

Can hardly wait for one of the tough-talking 15-year-olds that frequent this forum to chime in with something like this:

"If I were you I would go to the dealershipship with a machete and make them give me back the money, in cash."

[GoiNGPoSTaL]

If you want to play hardball you can always call your credit card company and file a dispute with the dealer, that way the $1,000 charge will be suspended.

However, try talking to the dealer first, you may find that they will be willing to let you walk away with your $1,000.

This will rearly work when it comes to cases like this.

[Illidan]

If I paid a $1000 deposit (by credit card) to the car dealer, can I get it back if I change my mine and the car is not delivered? The car dealer may not be willing to do that, but am I entitle to get the refund?

Seems like you have already signed the paper to purchase the car. In this case it will be very unlikely that the dealer is still entitled to returning your deposit on demand.

However, if all you did was left a deposit to "hold" a car but has not actually signed any agreement, you can legally take your deposit back (in Ontario).

[ES_Revenge]

Don't give any deposits. This way you don't have to get it back.

I agree, deposits on cars are pure BS (unless it's a car that's in high-demand or limited production and you won't be able to get one easily).

Once you give it, it's nearly impossible to get it back, sorry. Even more ridiculous some of them, even if they can't get you the car you decided on, still refuse to give it back. :mad:

[niceguy1234]

I think paying $500-$1000 deposit is commonly done in buying a car.

Anyway, I pay the deposit by credit card, and I signed it of course. The card is not delivered. There is no bill of sales. Only a worksheet for now. I don't even sign the weeksheet. The car will be schedule to deliver on Jan 5 2008.

In this case, can I just walk away with this? and sk for a refund?

[Atomic Chip]

You can ask for whatever you want ... and have nothing to lose by trying. But I wouldnt hold my breath if you think the dealer is going to cheerfully hand over the $ without an argument.

I think paying $500-$1000 deposit is commonly done in buying a car.

Not by people who know better. And now, since you will know better the next time, welcome to the club! ;)

[Ducky]

how likely are you able to purchase a car from a dealership without putting ANY DEPOSIT?? just wondering....

[Grassgreen]

Can hardly wait for one of the tough-talking 15-year-olds that frequent this forum to chime in with something like this:

"If I were you I would go to the dealershipship with a machete and make them give me back the money, in cash."

LMAO....there is an awful lot of that in these forums....

[dgmorr]

From OMVIC...not sure if there is something similar in BC


[Your Name]
[Your Address]
[Your Phone Number]

[Date]

[Dealership’s Name]
[Dealership’s Address]

Re: Contract to purchase - [Place type of vehicle & VIN Number here]

Attention: [Obtain Name of General Manager]

On [Insert date], I signed a contract to purchase a vehicle from your dealership. I am now advising that I will not be taking delivery of the vehicle because [give reason]. I request your consent for cancellation as stated in condition #[see back of contract].

If you do not consent to mutual cancellation, this letter confirms my intention to cancel this agreement under condition #[see back of contract]. It will not be necessary to issue a registered letter allowing me seven days to take possession of the vehicle. The liquidated damages you claim should be proven expenses arising from my cancellation of this agreement and not as a penalty. Please provide a detailed listing of your liquidated damages.

I paid $[Insert amount paid] as a deposit and I am requesting any refund that I may be entitled to as a result of this cancellation.

I would appreciate a response within 5 days.

Yours truly,

[Insert your name and signature]

[cipher]

I think paying $500-$1000 deposit is commonly done in buying a car.

Anyway, I pay the deposit by credit card, and I signed it of course. The card is not delivered. There is no bill of sales. Only a worksheet for now. I don't even sign the weeksheet. The car will be schedule to deliver on Jan 5 2008.

In this case, can I just walk away with this? and sk for a refund?

It's up to the dealer. He doesn't have to give you the deposit back unless he can't deliver the car on the agreed date of Jan 5, 2008. You signed a legal agreement that you would buy the car. If you back out of it, the dealer can keep the money. If you dispute the charge on the credit card, the dealer can sue you.

[bizzmanager]

NiceGuy,
I believe the law states you must have a Bill of Sale. Without one there is NO agreement. Even if there was, the dealer can only keep a reasonable portion of your deposit. Meaning Detail cost and re-advertising and so on.

Good luck.

[niceguy1234]

It's up to the dealer. He doesn't have to give you the deposit back unless he can't deliver the car on the agreed date of Jan 5, 2008. You signed a legal agreement that you would buy the car. If you back out of it, the dealer can keep the money. If you dispute the charge on the credit card, the dealer can sue you.

I did not signed any contact, but the credit card payment slip. There is a worksheet at this time and I did not sign it too.

[jed]

Have you asked for the deposit back? Most guys will give you the money if you don't intend on doing the deal because of circumstances.

Sometimes its justs easier to get flies with honey.

[mquan10]

A worksheet is not a sales contract.
Have a look at the BC business practices and consumer protection Act (you can find it on the net). See especially sections 19 regarding required contents and 23 regarding future performance contracts. Also look at 21(1)(j) of the Motor Dealer Act regulations of BC, it requires the dealer to state specifically the terms and conditions governing the refundability or nonrefundability of your deposit. ie: I think if its not refundable they better make it real clear to you on the piece of paper your signing.
If they don't meet the above tests, threaten to report him to the BBB and the Motor Vehicle Sales Authority of BC. They should back down rather than go through all that hassle. If its only a worksheet they shouldn't be able to sue.
By the way can you tell us which dealership so we can stay away?

[mquan10]

The dealership please - so the rest of us can stay away?

[pcboy]

Something similar happened to me today.

I didn't sign any paper, they said I just need to put $200 to hold the car (it's a used car) and I can get the money back if I changed my mind. So they guys just wrote something like this:

Redeived $200 cash from "me" as deposit. The deal is subject to mechanical approval. He signed it, but I didn't signed anything.

Any advice please, thanks.

[mquan10]

Something similar happened to me today.

I didn't sign any paper, they said I just need to put $200 to hold the car (it's a used car) and I can get the money back if I changed my mind. So they guys just wrote something like this:

Redeived $200 cash from "me" as deposit. The deal is subject to mechanical approval. He signed it, but I didn't signed anything.

Any advice please, thanks.


Deal is "subject to mechanical approval" Mechanic find something wrong and refuse to buy the car
But then its a case of "satisfactory to which party". ie: if mechanic finds something wrong that will cost $200 to fix, dealer may say that's "satisfactory" while to you it's a deal killer.

[Prof]

A deposit is called "consideration" under contract law. It is a promise to pay. If consideration is given, a contract is considered in place and the dealer has the legal right to keep the funds should the buyer seek to back out. However, if an offer to pay is not signed by both parties, it's unlikely that the dealer could keep the money. Essentially, if a buyer signs a sales agreement with a number on it and the seller agrees, the sale is made just not concluded. This is why dealers in part want some kind of money on the table. It is necessary to create a contract. Otherwise, the whole process of "let's see what the sales manager says" is simply a painful method of getting to a real selling price.