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Discussion Starter #1
So about two months after I placed an order for my Cayman S, I decided not to take delivery of the car and instead buy a GTS. I went through a different dealer for the GTS for a number of reasons - notably I did not think the original dealer would be very willing to help me get into a different car after I had already placed an order for a car.

At any rate, me not taking delivery of the car I ordered means I lose the $3000 deposit I paid to that dealer. I asked them if there was any way I could exchange the deposit for credit at the dealership for other services and products and they basically told me "maybe". They said that if they sold the car I ordered without having to discount it greatly they could probably give me some credit.

Has anyone had to deal with the same thing before? Any luck getting even part of your deposit money back?
 

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My dealer had a 918 buyer back out just before delivery and with a non-refundable deposit written into the contract, the guy lost $200,000.
 

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My dealer had a 918 buyer back out just before delivery and with a non-refundable deposit written into the contract, the guy lost $200,000.
That's nuts. He could have taken delivery of the car then sold it for a few hundred grand profit.
 

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So about two months after I placed an order for my Cayman S, I decided not to take delivery of the car and instead buy a GTS. I went through a different dealer for the GTS for a number of reasons - notably I did not think the original dealer would be very willing to help me get into a different car after I had already placed an order for a car.

At any rate, me not taking delivery of the car I ordered means I lose the $3000 deposit I paid to that dealer. I asked them if there was any way I could exchange the deposit for credit at the dealership for other services and products and they basically told me "maybe". They said that if they sold the car I ordered without having to discount it greatly they could probably give me some credit.

Has anyone had to deal with the same thing before? Any luck getting even part of your deposit money back?

Was the deposit non-refundable and stated as such in a written contract between you and the dealer? Or is the dealer just telling you they can keep your money? You'll have to consult an attorney in your area familiar with your state's laws but typically deposits are refundable unless stated otherwise and in some case even if stated otherwise the selling party can't keep if they can't show a detriment or loss. If you hadn't put down a deposit your dealer would still have ordered a car anyway, maybe just not configured the way you configured your order. As long as you didn't order something crazy that they can't sell, I don't see how they can prove that ANY car they ordered wouldn't have sold in the same amount of time and for the same price as whatever they end up selling the car you ordered for to someone else.

Surely you have an attorney friend who for a beer or two can tell you what your rights are in your state, or do a little digging at your local law library, I would think it would be worth $3000 to you...
 

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Discussion Starter #6
There is no language in the contract about "refundable" and "non refundable" - only that the deposit shall be kept as "liquidation damages" if the customer backs out of the order.

Honestly, I do not expect to get anything back - especially not a refund. However, if the dealer follows through on a service credit, that would be fantastic. I was just wondering if anyone else has been in this position and if they got any sort of credit for their deposit.
 

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There is no language in the contract about "refundable" and "non refundable" - only that the deposit shall be kept as "liquidation damages" if the customer backs out of the order.
OK, you signed the contract and that statement, "liquidation damages", is their way of saying "non-refundable". Even if your state had a "nonrefundable law" you agreed to void that law. You should've stayed with your original dealer. Just "because you thought so" doesn't mean anything.
 

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in, California, its illegal for a dealership to keep the deposit.. nor is it legal to get a deposit for an ordered car.. ask me why i know..

Lemon
 

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While my story doesn't relate to the US but my dealer refused to refund the 14k USD deposit for my turbo till he sells the car with a penalty to be added. There was no contract, just a receipt.

Luckily I decided to proceed purchasing the car in the end.

There is no language in the contract about "refundable" and "non refundable" - only that the deposit shall be kept as "liquidation damages" if the customer backs out of the order.
That's the answer to your question... It's non-refundable then, contractually.
 

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He probably didn't have $800,000 more to get the car.
With $200k in equity, he could have pretty easily got a loan with the car as collateral and flipped it. Even if the loan was $800,000 at 6%, and it took 3 months to sell it would have cost only $12k to keep his $200k and make at least $200k more.
 

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I have one dealer right now that has failed to comply with returning a refundable deposit (as stated in the contract) after 3 weeks and five requests (three in writing, two via phone). The same dealer I bought my GTS from, failed to send in the loan contract for six weeks, and left me to deal with the aftermath*, while not responding to phone calls or email.

I'm being extraordinarily patient and giving them one helluva chance, but if they fail to return it in a few more weeks (2 more emails, 2 more phone calls) I'm considering the nuclear option.

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* Basically, since the loan contract wasn't submitted, there was no loan account on record at BoA. So payments I attempted to send were returned, since there was no account for them to be applied to. When the loan was finally created on BoA's end (after receiving the contract nearly 6 weeks late), the due date of the payment was in the past before the loan technically existed (since that was the date in the original loan contract), so any payment would've been late by default. I eventually found a branch manager that was very willing to help straighten it out (I also made a triple payment) once the loan contract was finally submitted, and agreed that the dealer completely dropped the ball.
 

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That's nuts. He could have taken delivery of the car then sold it for a few hundred grand profit.
He probably didn't have $800,000 more to get the car.
With $200 in equity, he could have pretty easily got a loan with the car as collateral and flipped it. Even if the loan was $800,000 at 6%, and it took 3 months to sell it would have cost only $12k to keep his $200k and make at least $200k more.
And how long did it take Porsche to sell 918 of them in the first place?
 

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Discussion Starter #14
To be as clear as possible, I do not want or expect a refund at all. However, I consider exchanging at least a portion of a deposit towards service at the dealer to be a gesture of goodwill. The "we can probably do that" from the sales advisor sounded promising at least. I was just curious if anyone else had a similar experience.
 

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Every state is different. In Pennsylvania you would forfeit the deposit except under the following circumstances:

(6) Failing to refund the full amount of a purchaser deposit promptly when:
(i) The purchaser cancels the contract prior to its acceptance by an authorized dealer representative.
(ii) The contract is conditioned upon the purchaser obtaining financing of his choice and the purchaser cannot obtain the financing after exerting reasonable efforts to do so.
(iii) The dealer does not accept the contract.
(iv) The dealer fails to deliver to the purchaser a motor vehicle which conforms to the terms of the contract. (v) The purchaser cancels the contract because the dealer fails to deliver the motor vehicle within the time specified in the contract or, if no time period is specified, within 8 weeks after the date of the contract unless the delay is caused by acts beyond the control of the dealer and the manufacturer.

However, I think exception five would always nullify a Porsche contract if there was no specific reference to the delivery time.
 

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To be as clear as possible, I do not want or expect a refund at all. However, I consider exchanging at least a portion of a deposit towards service at the dealer to be a gesture of goodwill. The "we can probably do that" from the sales advisor sounded promising at least. I was just curious if anyone else had a similar experience.
This actually makes sense. They had a deal with you which included a fixed profit.
Now that they will be selling the car to another party that profit margin may change.
The three thousand dollar deposit would actually serve to mitigate their losses if they are forced to sell the car for an amount less than your original deal.
The "probably" comes into play as the sale price to another party is as of yet unknown.

If your state statute regards the deposit as non-refundable under the circumstances it sounds like they are willing to do you a favor.
Just out of curiousity, did you even give them a chance to see if they would rewrite the deal for a the different vehicle? Or, did you just go somewhere else based on the assumption and let them know after the fact?
 

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Discussion Starter #17
I inquired a couple times about adding to or changing my original order, and the answer was "sorry, no can do" both times. By the time I had made up my mind that I wanted a GTS, I didn't even bother going to the dealership I placed the order with because I saw no reason why they would help me get into a different car at that point.

The other dealer in town, however, was elated that I came back to them and practically bent over backwards for my business.
 

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Would you service your car at the original dealer, even if they do not refund the deposit? This might help change their answer to "Yes"...
 

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in, California, its illegal for a dealership to keep the deposit.. nor is it legal to get a deposit for an ordered car.. ask me why i know..

Lemon
I'll bite. Why do you know?
 
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