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I've recently experienced what I'll refer to as a sudden reversal of financial fortunes - the result of which is that I must cancel my order for my MDX which is due to be delivered sometime in mid-July. It's a black Touring Navi which will be delivered to a dealership here in Colorado.
The problem I'm experiencing is that the dealership took a $1000 deposit which is "nonrefundable." I put that term in quotes because I understood that that was the case, but the salesman I dealt with assured me it was indeed fully refundable should the reason for cancelling be financial in nature. In my case, it certainly is, as many on this board can attest to. I've anxiously been awaiting this vehicle for weeks and weeks now.
I was told that I could probably get all of the money back if I could find someone to replace myself on the list for this vehicle, so I'm sending out a call for help! Anyone interested in a black Touring Navi to be delivered in mid-July please contact me offline at dbolin@reallegal.com. I'll explain all the details to you and put you in touch with the appropriate person.
Thanks in advance. |
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| Check your contract. Does it explicitely say non-refundable? Also, it probably states the sale is conditional upon your accepting the financing terms. IOW, if you have a reversal of financial fortunes, you would not get very attractive financing terms and you could walk away with the deposit. Dollars to doughnuts, the dealership has a long list of takers. Check with local Colorado consumer laws/attorney (maybe a quick search online). Colorado also may have a cooling off period (a period of a few days to change your mind provided you didn't take delivery). |
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...on these VERY in demand vehicles is extremely distasteful!
What risk is there to the dealer? When I buy something "customized" there is a pretty good chance that nobody else will want it. Similarly if I contract with somebody to 'do something' for me there is a chance that while they are working for me they are foregoing other opportunities.
With the MDX there is no risk that the vehicle will go unsold. Similarly there is NO need to spend time working on a "deal" -- the things sell for list ( with a very few exceptions...).
Where does the "deposit" go? In the bank? Into the salespeople "advance"? Into the "new boat" fund? Surely NOT into "the rainy day" fund!
Seems to me the dealership would VERY likely LOOSE a small claims suit on the grounds that the "contract" was purely onesided. The "buyer's" signing of any nonsense about "non-refundable" or "refundable only in the event of financial hardship" or "only refundable if an alternate is located by the buyer" would not negate the fact that the contract has virtually nothing to offer the buyer. Even the most slimly dealer's lawyer would have a hard time getting a judge to believe that the the dealer "gave up" anything when the buyer had to bail -- AND if you can't consumate the sale BUT other buyers are in line (regardless of where they came from)... |
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