I agree, definitely post the dealer name

 

The only thing that comes to mind is if the dealer thinks the Cayman R as a whole is a model risk he is taking. Basically meaning they would have never ordered it in the first place. Then Bocon comes in and the dealership submits a allocation request. Now that he's backing out they feel that they will have to take a loss due to it being a niche model and harder to sell?!?

This is the only way they would loose $5k on this.

Either way I'm calling BS and the dealer name should be listed here to prevent any future bad experience for others..

 

Here you go..

https://odr.bbb.org/odrweb/public/getstarted.aspx

Threaten to write'em up.. Call or email management putting them on notice that you are ready to file a BBB complaint. To me the contract terms are clear, you did not configure the vehicle nor did you agree on a price. If they care about bad publicity they'll refund your money.

 

Sorry, my interpretation of agreed is past tense, as if the price was already established. Could argue that the agreed price was MSRP, but it seems nothing was written to that effect. As the canceling party, would you really want to trust a court to interpret and rule your way? It's far from a slam dunk.

Still think that the first party to back out of a deal is the one responsible for 'damages' as it was not withdrawn for failure to meet terms-just a change of mind.


BD

 

Then the dealer didn't act in good faith, another contract requirement if I remember my business law class. They should not have taken the deposit until the purchase order was completed in detail.

Still, it may not be worth fighting for relatively little money, that's where the BBB comes into play. It injects the concept of 'shame' into the process, which sometimes is more powerful than legal interpretations.

I used the BBB once to get $1,600 back from Williams Communications, a large faceless corporation. My controller stupidly sent them a double-payment during an upheaval era where the company was being sold. My money got lost in the sauce, and nobody was willing to send it back to me. Two years later, an executive saw my BBB posting online, felt it was peanuts to them to pay me and clean their image on the web. The same can happen for the OP.

 

Well - this has been very difficult. I can see both sides. I was the one who backed out. They didn't do anything wrong. But if they make a profit off some future buyer, i should get my money back. In the end, i've decided not to do anything - they can keep my deposit. I decided that i will probably go back to this dealer in the future. Also, i guess i don't want the hassle of a small claims case - life is too short. Mostly, i guess it's because i feel they didn't do anything wrong.

thanks for all the advice - this is a great community
bocon

 

this is funny. a dealer would intend to keep ur deposit money when the car is not actually built. and yet u haven't even spec one yet. i guess even GM at that dealer afraid that they can't sell the car?! just wow...

 

I think once they told you that it was non-refundable you should have gone through the entire order process and taken it as far as your $1000 gets you. Order a really nasty combination of options for full MSRP. Then back out at the last minute. Ok, I don't really think you should do that but you had the right to and maybe when faced with that option the dealer would have returned your deposit.

 

You are being too deferential to the dealership - maybe you feel a bit guilty because you backed out of the order?

They are just playing hardball. There is no contract. Just have a demand letter sent to them. They will be forced to respond. CC PCNA on the demand letter.

They are negotiating and every time you give a bit (like thinking about escrow) they gain the advantage. Load for bear and give that GM both barrels.

 

I agree, don't give up the fight.

 

I agree too. In fact I'd suggest the OP contact his county's consumer fraud division and run the situation by someone there and see if he has grounds for filing a consumer fraud complaint.

No need to file one then just go by the dealer and let it know that unless the deposit is refuned PDQ you'll be forced to file a consumer fraud complaint against the dealer.

They hate these.

Sincerely,

Macster.

 

ok - stay tuned

 

I can't believe a $1000 would be worth losing a potential reoccurring customer. If so, that is EXTREMELY short sighted by that dealership. No, make that down right stupid! Keep on them, and keep us posted. Good luck!

 

The additional $10,000 deposit is nuts. In California they held a $1000 deposit on a $145,000 purchase from me for my car, and it is a Paint To Sample and quite custom. Personally, I don't think they have a leg to stand on. Have your attorney write them a little letter... :-)

 

Your decision could rightly be viewed as personal integrity. And you probably made it because of a sense of gnawing guilt.

Go to an exchange and purchase a call option and try to sell it when underlying value has fallen or time has passed. See if you can get all your initial investment back.

You purchased the ability to capture a build allocation. That in and of itself has a value (to YOU) . You then declined the allocation, that is not the dealers fault and will cost the dealer for his time and effort to market and sell the allocation.

I know of several dealers who go to sleep at night hoping Porsche doesn't force a Cayman "r" allocation on them.

You bought a call option to buy and you declined. Accept responsibility for your decision to change your mind. Learn from your "mistake" (experience).

Pretty clear-cut situation to me. But then I do business on a handshake with people I trust. It's an earned privilege.