Dealer refusing deposit refund ...

[RX-Pike]

Hello guys

Put a $1500 deposit on a entry level spark back in March -- to make a long story short... I no longer wish to do business with this particular dealer.

I have since contacted another dealer and they have straightened everything out for me.

NOW the original dealer is refusing to give me my security deposit back, claiming the ski was a "special order".

What are my options here? Anyone have any insight?

[SplishSplash]

Did the original dealer get the ski you ordered? Did you fill out any paperwork when you put the deposit down? If so, read it. If it says non- refundable deposit, not much you can do.
Well, really hard to say, it all depends on what you signed and agreed too.
If he did special order it, and he got it, well he may have the right to keep your deposit. How long did you wait to tell them you didn't want it.

More info is needed from you to get any accurate advice.

[RX-Pike]

The payment was given over the phone -- no paperwork was ever signed. The dealer initially promised a delivery date (verbally) which has come and gone by weeks. They still haven't received the ski, and my multiple attempts to get an update have failed.

[SplishSplash]

You could try contacting your credit card company, see if they can cancel the charge based on non delivery.
With no paperwork that may be your only option as it becomes thier word against yours.

[@JC]

File a CC dispute ASAP!

[nmpeter]

I had a similar problem in the day with a car. I eventually got the cc company to charge back.

Everything depends on your specific state laws regarding this transaction.

good luck.

[gprxpduglas]

As far as I know in any purchase vehicle or boats they should have a bill of sale sign by you with the Vin number on it and delivery day and "if" is a factory order (special order) they should have as well a bill of sale saying all the option on the watercraft . I assume if they don't have all the docs in place there will be not business at all. So base on my knowledge you have the rights to get your money back unless they have something signed by you stating exactly the factory order.

[RXP TJEEZE]

Dealers don't want to loose Any $$money so it kind of hard to get it back from them especially if they don't make a lot of sales, so that's where your hard act is going to have to come in place. Seriously and if there's nothing signed in righting fight it hard to the end.
Good luck.

[c0ncEpT]

Have your lawyer call them and I'd bet they call begging you to take the money back

[Sam SHO]

Hello guys

Put a $1500 deposit on a entry level spark back in March -- to make a long story short... I no longer wish to do business with this particular dealer.

I have since contacted another dealer and they have straightened everything out for me.

NOW the original dealer is refusing to give me my security deposit back, claiming the ski was a "special order".

What are my options here? Anyone have any insight?

Typically a "security deposit" is just that, a deposit toward the ski. If you chose to use a different dealer, the first dealer doesn't have to refund your money. Even though you did the transaction over the phone, there is still a thing called a "verbal contract" If you agreed to put down the money so they would order you a new ski and you backed out of the deal, then the money is prob gone. You can try to file a civil suit against them, but then the judge will see that you put money down, backed out of the deal to go somewhere else. If the original dealer backed out of the deal, you might have a leg to stand on.

The delayed delivery date could be due to the manufacture, not the dealer, so it would take any liability away from them.


Just my $.02