Boston dealer did not return my deposit
07-31-2004, 10:52 PM
#16
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fyi/fwiw - here's that jessejames thread from late 2002:
https://rennlist.com/forums/996-turbo-forum/29513-dealer-warning-boston.html
doody.
https://rennlist.com/forums/996-turbo-forum/29513-dealer-warning-boston.html
doody.
08-01-2004, 01:01 PM
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Thanks for the feedback guys.
I did sign a contract that said dealer had option of keeping my deposit .However it said any monies left after holding and selling expenses would be returned to me.George Chambers said by not taking this car it cost him an allocation.Does not sound right to me!!!
He said he would apply the 5k to a future purchase of a Cayenne that I had expressed an interest in .However this is not an option for me as I do not trust this dealership.
I did sign a contract that said dealer had option of keeping my deposit .However it said any monies left after holding and selling expenses would be returned to me.George Chambers said by not taking this car it cost him an allocation.Does not sound right to me!!!
He said he would apply the 5k to a future purchase of a Cayenne that I had expressed an interest in .However this is not an option for me as I do not trust this dealership.
08-01-2004, 11:19 PM
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I'm with you 993_996... The distinction here is that both by the specific contract and by law he can only keep as much of the deposit as he has additional out of pocket expenses in finding a new buyer and/or having to sell at a lower price. Unlikely that will amount to the full $5k so he cant keep it all.
08-01-2004, 11:37 PM
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You are right I signed the contract but I don't think a low option GT3 is a hard sell.I don't think the full 5k was used to sell the car.If it was I could understand it.
Surf
Surf
08-02-2004, 09:20 AM
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well, if you in fact signed a contract and chambers seems to be adhering to the terms of that contract (albeit, not to your liking) then i'm not sure what your options are. you'll need to get some proper legal advice as to whether the contract was kosher.
remember that deposit contracts are negotiable, just like everything else.
[fwiw, my favorite clause in those is the frequent one that says you represent that you've received a copy of the executed contract before they've even signed it. some of this crap is done to simplify the process, but some of it is bad for the consumer.]
did it cost them $5K to move the car? almost certainly not. did they spend $5K to move the car? i'll bet they can show they did. remember, the dealer margin on GT3s is substantial, for all you know, he "dumped" it for $5K under sticker and that's that.
not at all sure i buy the "lost an allocation" stuff - that doesn't make much sense, though PCNA frequently doesn't make much sense!
your option (as i see it, fwiw) at this juncture is to research whether that contract was in violation of MA law - you can't agree in a contract to things that run contrary to law. and the laws on this stuff in MA are relatively strict.
but if it wasn't contrary to the law, i'd assume you're out $5K.
g/l.
doody.
remember that deposit contracts are negotiable, just like everything else.
[fwiw, my favorite clause in those is the frequent one that says you represent that you've received a copy of the executed contract before they've even signed it. some of this crap is done to simplify the process, but some of it is bad for the consumer.]
did it cost them $5K to move the car? almost certainly not. did they spend $5K to move the car? i'll bet they can show they did. remember, the dealer margin on GT3s is substantial, for all you know, he "dumped" it for $5K under sticker and that's that.
not at all sure i buy the "lost an allocation" stuff - that doesn't make much sense, though PCNA frequently doesn't make much sense!
your option (as i see it, fwiw) at this juncture is to research whether that contract was in violation of MA law - you can't agree in a contract to things that run contrary to law. and the laws on this stuff in MA are relatively strict.
but if it wasn't contrary to the law, i'd assume you're out $5K.
g/l.
doody.
08-02-2004, 01:15 PM
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Doody
May be I am out.I think this is bad business.I have 3 Porsches that need to be serviced some where.I live 3 miles from Chambers .I turn cars every 2 to 3 years.I am active with PCA.Besides the contract states any deposit monies beyond the cost of selling the car would be returned to me.The car was a low option Artic silver GT3.
May be I am out.I think this is bad business.I have 3 Porsches that need to be serviced some where.I live 3 miles from Chambers .I turn cars every 2 to 3 years.I am active with PCA.Besides the contract states any deposit monies beyond the cost of selling the car would be returned to me.The car was a low option Artic silver GT3.
08-02-2004, 01:32 PM
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for the avoidance of doubt, i'm not suggesting this is smart behavior on chambers' part. it isn't. it is almost certainly bad business practice. their actions here, and their actions in the jessejames fiasco, have and will cost them far more money than they saved/earned/collected.
if i were you, i'd get a legal opinion on the matter.
doody.
if i were you, i'd get a legal opinion on the matter.
doody.
