Ask a Lawyer - Archive


   
Car Dealer Holding Deposit As Non-Refundable
Loretta Salzano

Q. 

I went to purchase a car and left a deposit for $700 with the dealer, now that I want my money back the dealer tells me it's non-refundable and the only thing I can get back is a credit towards the dealership. All of the numbers I have been provided with for the dealer are disconnected and when I go by the dealership it is closed. I need to know what I can do to get my money back.

-- Anonymous

A. 

The only good news is that there was someone at the dealer to tell you that the deposit is non-refundable but good as a credit. That indicates that they might still be in business.

Whether or not the deposit was refundable is a matter of contract, and it seems clear that you didn't have one in writing. That means that it's the dealer's word against yours. I suspect that you would win on this as you are the consumer. Still, that doesn't mean it will be so easy to get the dealer to hand over the money - especially if they are closed or out of business. Moreover, I know you don't want the hassle of going to court.

Try to go by the dealer's during normal business hours and tell them that if they don't refund your money, you will report them to the Florida Attorney General's Office, the Federal Trade Commission, the Better Business Bureau and every other Florida consumer protection agency you can find by going online to the State of Florida's website. Do that homework before you visit the dealer. It might also help to have with you the letter you intend to send. I've found that dealers rustle up the money fast when threatened with legal or administrative actions as that could really get them into trouble.

If the dealer refuses to pay you or really is gone/out of business, then it seems that the only way to get your money back is to sue them. That means that you need to find out the legal name of the dealer and then bring an action in small claims court. Even if you win, it might be difficult or impossible to collect the amount due to you, especially if the dealer is bankrupt.

Either way, I suggest that you report this dealer to all of the agencies listed above. That might save someone else from learning a $700 lesson. And don't give anyone cash without a written agreement! Better yet - give a credit card or check so at least you have some means to challenge or stop payment. Best of luck in pursuing this sneaky snake.

-- Loretta Salzano






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