Is this legal? Should I contact a lawyer?

but did that '05 that you ordered ever come in?

 

how did you put the money down? Credit Card? And you don't say where you are located? Check with the country gov.


later

 

check with the issueing company/bank and see if the charges can be backed out.

search the state Gov web sites and see if you can find anything that you can put the dealerships feet to the fire with..

were you ever going to use them for service? might be that bone to hang over their head with..

Good luck..

 

A contract is a contract. If the above statement is true with no other conditions stated in the contract, which would void the statement, well, me thinks you are out $500. Emotionally and in your opinion you may think you are entitled to your money back but it would most likely cost you more to even try to get it back.

But if you are really intent to get your money back and willing spend a little of your personal time consider picketing the dealer. I remember someone once picketed a large local RV dealer, and although I knew of nothing why the couple picketed the dealer, it does make me think differently of that RV dealer every time I drive past the business. I guarantee this is publicity the Toyota dealer who has the $500 will not want. Newspapers and the local TV news love protests on slow newsdays.

Perhaps someone who has a legal background can comment regarding the legalities of picketing a business.


Rick
With a $500 deposit too on a 2006 #4 expected now to arrive Jan 20.

 

Ah, I could be in your shoes in the near future...

I too recently placed $500 down on a 2006 Prius. Since no one could tell me when the vehicle would be available or even the exact amount it would cost, I was reluctant to place a deposit. I spoke with the salesman's manager as well as the finance guy as a result and they all said that an unhappy customer was not worth $500 to them.

So the salesman (and his manager) assured me that if I disliked anything about the deal when the car arrived I could get my deposit back. I signed the contract.

I probably should have read it more thouroughly, as I now see in the fine print there is a 'no refunds' statement.

I can only hope that my vehicle does indeed arrive in the ~45 days they promised and that the price is not higher. Personally, I don't think customers like us should be required to place non-refundable deposits when the basics of the deal are so hazy (price, delivery, etc).

Let the buyer beware, eh?

 

If you did sign a contact, re-read the part about getting your refund back after not delivering.

Something very similar happened to me, except it was a $1000 deposit. Once I spoke to the General Manager, I was able to get the deposit refunded.

Good luck.

 

see, here's the problem as i see it.

they failed to deliver on their end of the contract. they had an contract for an 05 and did not meet their end. that sounds like breach of contract to me, and afaik would get you your 500 back.

however, since you agreed to wait for an 06, this may not hold water anymore.

good luck, i'd start with your credit card company on this one.

 

The key phrase here is 'Credit Card'. In my situation, they initally wanted a $1,000 deposit but as I hadn't brought my check book settled for $500 on my credit card (they were wary of the ~3% fees, I guess).

Pay by check and you no longer have the credit card folks to go to bat for you. Something to think about...

 

Your best bet is to embarrass the hell out of them. Show up on a Saturday afternoon, about 1 p.m., it should be nice and crowded. Ask to speak to the Sales Manager. Remember this has to be done out on the floor in hearing range of the entire dealership. And say something to the effect Where is the 2005 car you promised me and what do you mean I can't get my deposit back. This must be said in an authoritative voice not yelling but loud. You'd be surprised how fast they will refund you money. This worked for me at the dealership that never got me a car.

 

Perfect, oh and don't forget to lug in your picket signs mentioned earlier while you are at it. "Ask" them where the best place in front of the dealership would be to set up your picket line.

You'll walk out with either of the following: a trespass warning or your deposit. I think you will get the deposit.

Rick

 

similar to what others have said, their failure to deliver the '05 is a breach of contract on their part.... have you resigned new paperwork for an 06 ?

I would speak to their most senior management person first. Make sure you are NOT entirely calm when you do this. Sometimes, being aptient and courteous is important, but these ppl have given you the runaround so let your displeasure be clearly expressed. Inform them that you are "seeking legal advice" and will report their conduct to the the relevant authority - eg. there is a motor car traders assoc here - Im sure there'd be an equivalent organsiation over there. The media is also a powerful tool that can work in your favour...down here we have a AM talkback show that focuses on this type of stuff.. often merely threatening thos type of exposure will result in them backing down...

whatever you decide to do....good luck, and try not to let ot stress you out too much.

 

Check your state laws. In Colorado, by law, the dealer must refund a deposit on an auto at the buyers request.

Before going to a lawyer which will probably cost you more than the $500 deposit, do some more research on the web about auto deposits in MO. You can't be the first person this has happened to.

 

Seems to me, you made a good faith effort to buy an 05 Priuis.
Seems to me, the dealer failed to deliver.
Failure was not your doing.
Contract was not fufilled. You have been damaged.
Tell them you will file today.