My friend just recently put up the $500 for the order of his 04 MCS. He wanted a June build for a July pickup to give him some time to get some cash together. Baron MINI took his money and about 2 wks later told him that the production of 04 have all been taken and that he either has to buy one on the lot or an 05. Well, he just asked to have his money back and they said no. Its non-refundable even though they took it without placing the order. What gives? Is this normal practice?

B

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03 IB/W MCS: Alta Intake

 

That's pretty lame. A good dealer would offer the money back. Make sure you remind him to fill out the dealer rating system.

 

Sounds like he should buy one off the lot or order the 05. Most dealerships have generously refunded customer's non-refundable deposits. You friend most likely signed something acknowledging that his deposit was or was not refundable.

It would be a goodwill gesture to refund the money, but a non-refundable deposit is just that: non-refundable.

 

The dealer will eventually have to give the deposit back unless your friend signed something to the contrary.

Obviously, your friend should have demanded a written agreement describing the purpose of the deposit, its refundability, etc. before handing over the money to the dealer.

Never trust a car dealer. Not even our oh so cool "Let's Motor" buddies at MINI.

 

He should have asked if the deposit was refundable. That said, it would be a nice gesture for the dealer to return it anyway if they ever want his business again.

 

They are trying to lock you into buying there. Deposits have to be refundable... by law in most states. Speak with a manager... the deposit was for an 04 order! If they are nice, they will understand, despite their policy.

 

I placed a $1000 deposit with a Dallas Texas dealer last year, and backed out of the order. My MINI was at least 6 months out. I got the full deposit back with no questions asked. They perhaps can keep your deposit if your car was already built and only needed to be delivered to you.

But sounds like to me, you need to demand your money back. They can't very well keep money for a service they have not provided IMHO.

 

Even if there was some sign off where refund was waived, it seems to me to be a horrible way of doing business. It is, imo, a bit beyond questionable business ethics. Also, I don't understand why it is worth the $500 to cause such bad customer relations. Just the bad PR generated by this thread alone, I don't think it is smart of them for ultimate bottom line. So what was the name of the dealership and where is it located again? I think it is always good to let bad dealership treatment be known. Also, to let others know dealers that treat us well.

 

I ordered my MINI, it was on lot after 6 months, the finance dept changed things, i wasnt happy, they still gave me my deposit back even though the car had arrived.....I would definatly raise a stink......

 

Did he give the dealer, i mean stealer, $500 cash? hopefully he put the deposit on a credit card cuz then he will have some recourse especially if he did not sign an actuall credit card charge slip. I would suggest he call his credit card co and dispute the charges by simply telling them he never recieved any goods from the dealer for his $500. This will force the dealer to provide proof of a legit transaction.

Do Not Roll Over, Stand up and Fight!

 

It was through a credit card so he SHOULD get the money back. The problem with buying off the lot is it seems the dealers load the cars (ie works, every package, nav) they choose to bring over here so everything is from the price range of the high 20's to the low 30's. He's considering an 05 but doesn't like the speedo.

B

 

I work at a dealership and all deposits are refundable especially if the problem was caused by the dealer. I think that is bad practice and not very good customer service.

 

Your friend should review all papers and see if he had previous notice the deposit is not refudable. Even then contråct law demands he get his money back because the dealer did not live up to secific performance (if it the listed the car and model-did he get a copy of the order sheet?). If that fails he needs to write a letter to the dealership manager stating his situation and make sure to copy MINI USA and the Attorney General of his state. Specify he desires to settle this out of court. If that fails take civil action in small clams court. He may not get his $500 back but he will cost the deler at least 2 grand in legal fees and bad PR. Most likely they will take the cheapest route and give him the cash.

 

Regardless of what he signed he can get the money back. The information that the dealership gave him was a verbal contract as well. The agreed upon situation was not met and the deposit must be forfeited. He can easily win this by taking this to small claims court. The filing for a small claims is very easy, and the court secretary can asist in all the paperwork including draft forms. For a small fee (I think around $20) he can have the Sheriff deliver the subpeona to appear in court to the owner of th dealership at the place of business. That always wakes them up. It would cost easily less than $100 for all the filing work and subpeona and he would easily win this one with almost no questions asked. They would then have to pay the $500 back as well as all legal fees. I wouldn't even consider buying an '05 from this dealership. If the dealership did this at this point in the game, just wait until you order the car.