05-05-2016, 11:14 AM | #1 |
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Dealer won't return my deposit...
So I put down $2,000 back in Oct/Nov of 2015 on an M2 here in Utah. I was told I was given a spot in line and I was very excited (Maybe a little pissed when I saw everyone else was putting down $1,000 deposits around the country). I'd been wanting an M car for a long time and this was the right car for me...(at least I had imagined it was after driving an M235i and reading more articles than is healthy)
I was also reminded in an email that once the allocation was set for my car that my deposit would be non-refundable. I foolishly presumed that inferred I would need to come down and sign paper work to finalize the deal down the road. Well when I learned lease deals for the M2 were going to be $850/month I changed my mind. I didn't anticipate that it would cost me more than an M3. Yes we can rag on me for being naive or that I should just buy the car etc. That's another thread. So I contacted the dealer and said I'd like to hold off on the M2 for now until lease rates get closer to what my original budget was. I asked for my deposit and was kindly reminded that I was told in an email that my deposit was non refundable now because they contacted me about my allocation slot being ready. Since I have never signed any sales/lease contract this feels unethical and completely dishonest. If I had known back in 2015 when I gave them $2,000 that the lease rates were going to exceed an M3, I never would have given them my money. Why do they get to keep my $2,000 and I get nothing in return? I've asked the sales person multiple times to simply write a check and return my deposit. However I am reminded again that they sent me an email telling me the allocation for me was ready. I've emailed the sales manager and he hasn't responded in over a week. The sales person hasn't responded at this point either. I've indicated that I'm not trying to be salty or rude but that I'd like my deposit back now that I know the lease terms are beyond my expectations. I've also indicated that small claims court will be an option but I'd rather avoid that if at all possible. Any advice on how to proceed and avoid small claims court? |
05-05-2016, 11:26 AM | #3 | |
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I don't know why they would be dicks when they can sell the car in 2 minutes and are out nothing really. |
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05-05-2016, 12:13 PM | #7 | |
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05-05-2016, 12:38 PM | #8 |
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05-05-2016, 02:34 PM | #9 |
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If they continue to be dicks, and say the allocation is non-transferable, you could keep the allocation and then simply have whomever wants to buy it from you go in when the sales contract needs to be signed and take over when things are being put into writing. Tell them you were acting as an agent for the buyer.
Alternately, just keep the allocation until the last minute to see what opportunity might come up before you have to sign a contract - since they are keeping your deposit anyway. If you say 'OK, I am keeping my allocation since the deposit is non-refundable', and they have already given the allocation to someone else (highly likely), they would have to pay your deposit back since they cannot give you the allocation. |
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05-05-2016, 02:51 PM | #10 |
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I'm absolutely shocked at both the number of consumers who fall for non-refundable deposits and despicable pieces of human garbage offering them. Be smart, guys, stop falling for this kind of crap.
Hopefully you get this all resolved OP.
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05-05-2016, 03:57 PM | #12 |
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Thank you guys for the advice. I will keep you posted. Hopefully they see me as a potential future customer. It is really souring their reputation for me. They sat on my $2,000 for 7 months. I feel it's just common courtesy to allow me final time to make the decision.
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05-05-2016, 03:58 PM | #13 | |
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05-05-2016, 04:03 PM | #14 |
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05-05-2016, 04:14 PM | #15 |
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You need to hammer them with bad PR. Leave a comment on their FB page, Yelp. etc....Contact your local news station as they usually like to feature stories like this.
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05-05-2016, 04:43 PM | #16 |
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I put down a $5,000 non-refundable deposit on my M2 but with one GIANT caveat that I added in the contract - the deposit only becomes non-refundable the moment I get my VIN.
For next time, make sure to cover yourself with as many outs as possible, because I guarantee you BMW does the same. I agree with the rest of the group - either try to sell or keep your allocation until the last minute. Alternatively, you can always buy the car instead of leasing - no sense in leasing an M2 right now. |
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05-05-2016, 04:56 PM | #17 | |
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05-05-2016, 11:22 PM | #18 |
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Is there any legal recourse that allows them to keep your deposit? It might vary by state, but I'm pretty sure here in WA you can get it back anytime unless you've signed papers to take delivery. Sure you'll piss off the dealership and they'll refuse your business in the future if you go that far, but I think the consumer has the rights in WA.
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05-05-2016, 11:48 PM | #19 |
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let me guess...BMW of Murray
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05-05-2016, 11:53 PM | #20 |
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As others have said selling the spot is the best way to go. You can fight for the return of the deposit but they probably have you on that given the language but the language also establishes you own the spot so just sell it to one of the guys or gals here and you will make someone very happy and get your money back.
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05-06-2016, 02:13 AM | #21 |
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Im sure you are exaggerating your problem, theres a bunch of people who would happily take over your allocation even locally
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05-08-2016, 01:41 PM | #22 | |
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I gave them $2,000 in Oct/Nov of 2015. No contracts signed. (My mistake for not getting something in writing that protected me better). Waited months. Found out BMW US lease terms were not what I expected. (I thought monthly payment would split the difference between an M235i and M3) Asked for my deposit to be returned. Dealer refused. |
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