surf

I did not take delivery of a low option GT3 I ordered. I gave Chambers Porsche a 5k deposit.I told the dealer that he could take any advertising or floor planning out.(that amounted to less than 1k as the car sold fairly soon after delivery.
Has anybodyy else had problems with these guys?

BrianPA

What he did is illegal from what I understand. He can only keep your entire deposit if he can prove that his out of pocket in selling the car to someone else was $5k or more. Given the popularity of the GT3 that's probably not realistic. Have your lawyer write him a letter.

doody

this is generally not kosher and a dealer can lose their license to deal in this state for such behavior. car deposits are highly regulated.

my understanding is that they can't keep the deposit for any reason. even if you order a pink car with a lime green interior they have to return your deposit if you decide not to take the car at any point.

the laws in MA are very protective of the consumer on this front. but don't get me started on FL laws though

call your man at chambers on monday morning and tell him you want the full $5K in check form in a FedEx priority overnight envelope by close of business. if you don't receive the check by 10:00 ET on tuesday, your next call will be to the attorney general's office. no need to pay for a lawyer - yet.

CAVEAT: i did a little digging and apparently the rules are dependant upon how and whether you did paperwork with the dealer. if you signed an agreement, this agreement may control. if they just took your deposit over the phone and you didn't sign anything, then they almost certainly can't keep the money.

doody.

HooliganX

A dealer in CA told me that under no circumstances can car dealers have a non-refundable deposit. Unless you signed some unusual contract, they have to give it back.

doody

the laws vary substantially state to state.

fwiw,
doody.

Greg Fishman

Do a search on Chambers Porsche. I think that there was another rennlister having trouble with them regarding a deposit return issue a year or two ago.

Alfie

it was jessejames who had the issue, and george chambers personally responded...that was fun..

BrianPA

To keep $1000 I think is reasonable. What is the point of a deposit if it is totally refundable. The law as I understand it allows the seller (of anything not just a car) to recoup his out of pocket expenses up to 20% or $500 depending on the value of the good. This is not unreasonable. If you can just reneg on an agreement and get your deposit back theres really hardly a point.

Scott & Renee in VA

Were you buying at or under MSRP? If under, you might do better to just take delivery and sell it. GT3s are selling well under MSRP now, so if you are obligated to buy at MSRP, you're better off eating a loss. But I'd fight it. Call PCNA, call Attny General, call your Attny. $5k ain't petty change for almost anyone.

MJSpeed

The dealer keeping your deposit is a big take the advice above and call them and demand your money back.

John Welch

I had a dealer tell me that they had lawyers on retainer and that I should go ahead and sue them if I wanted to get a $1000 deposit back. (It was their fault, the car wasn't available for over a month).

Anway, one letter from a lawyer and the check was in the mail. (In NY)

Good luck, and don't believe anything the dealer tells you...

Moogle

the law in MA does not allow non-refundable deposits, even if you have a contract that says so, it is null and void unless there are some really strange terms/etc going on.

sjsharks

Suppose the dealer claims that they had to sell the car for $5,000 below what surf had agreed to pay?

macfly

Suppose the dealer claims that they had to sell the car for $5,000 below what surf had agreed to pay?
They have to prove it in court, and that will be interesting, becasue the current owner will have to appear to discuss the deal made with him. Sounds like Chamber's are the kind of scum dealership that gives car sales a bad name. Why do PMNA still deal with them?

Moogle

if they had any sort of decency/business sense,

they would bypass the possibility of dragging another one of their customers into this mess (as macfly suggested) and just give you your money back

ask them nicely and present facts/law

if that doesnt work, (and make sure you let them know this) - go to the BBB. / attorney general.