Hi guys,

My work situation is changing and I decided not to get the Mini that I ordered. However, the dealership does not want to return my deposit now, although I did not take possession of the car.

I would appreciate any help on the next steps to take? I was never made aware that the deposit was non-refundable...

Thanks

 

Most people I have heard of in your situation have been able to get their deposit back, but I am not sure if dealerships have to refund a deposit when a customer backs out (depends on the paperwork you signed). But it does seem that most dealers do refund deposits.

If they are stubborn about it, I could imagine asking for them to give you the deposit after they sell the car your ordered.

 

I was never told the deposit was non-refundable and the papers I signed did not say anything to that effect either.

I would not mind waiting till they sell the car, that would be fair, but they are just saying that they have "stocking" expenses and similar cars on the lot so they can't give me the deposit back.

I just emailed them back and I am now putting the original deposit charge on dispute with my credit card company.

 

That sucks... although yes, I would agree that it is reasonable for them to hold it until the car is sold... but the way that R56s are moving now (at my dealership anyway - MINI of Sterling), it should be gone really quick.

 

Ditto on returning your deposit once they've sold it. I can't believe they are trying to keep it. Ask politely about this and make it clear that's the only way you would consider coming back when your situation changes again (which I hope it does soon).

 

I would definitely have gone back to them, but now probably not. It really annoys me that every time a dealer sees a girl they think we are dumb and can take advantage...

In any case, the work situation is actually a good thing. I decided to go freelance and since I won't have a steady paycheck anymore and it will probably take me a while till everything is rolling smoothly, I'd rather have the extra cash on hand and no payments, of course.

 

My MA at MINI of Mountian View said the deposit was fully refundable at any time. Somewhere I heard there was a law regarding such deposits on cars. You might want to try Google to see what you can find.

 

I would be tempted to say to them, "Are you telling me that the only way I'll be able to get my deposit back is to take this to small claims court?"

From what I've read on other forum posts the buyer virtually always win in these types of situations.

 

Ask them to document their position, without it stand in the showroom while they cut you a check. It is that simple because I went through the same crap in '03.

rr

 

The dealer would have to definitely have to disclose to you that it was non-refundable, which they usually only do if it is a funky color combo or any other reason that it would be tough to sell.

 

The key to the situation is whether or not they imformed you as to the consequences of backing out. Example: I applied for a home equity loan the other day to pay off my Mini. Did the entire thing on the phone. The guy explains everything, I agree, he tells me what paperwork needs to be done, etc. Then he tells me that if I back out it costs me $385 and needs my CC number, and I say OK. You basically did the same thing. I bet my finance company has documentation on hand (recording?) that shows that I agreed to pay $385 if I backed out. Does your Mini dealership have similar documentation? Ask them upfront. If they don't then dispute it with the CC company. Who cares about restocking expenses? That's a bunch of mumbo jumbo just like crud like "you should have known that's what would happen".

 

Thanks for all the advise... they did not tell me and the paperwork they faxed did not say anything. From prior experience I did not think I would have a problem. The only complaint they have is that they have to put the car in stock and that they ordered a similar one and of course that they told me it was non-refundable (which is not true).

I am just trying to figure out at this point how to proceed. I am disputing the deposit with my card company and probably will file a complaint with the BBB. Is this a matter for small claims court or should I find a lawyer?

 

What's the CC company?

 

Small Claims Court. Approximately $18 to file. And I believe they handle claims up to $5000.

 

credit card

 

The dealer seems to be acting unreasonble. I would definitely let the cc company dispute the transaction. Try your best w/ the dealer and if nothing works, don't worry, once the cc company starts processing the claim they will ask you for documentation for disputing the charge and then you can pretty much lay it out as you would an argument in court (in case you were thinking of small claims) and it will be cheaper for you and the dealer will likely give in.

I don't think taking it to small claims is the best route because they will charge you the filing fees which are non-refundable. You are likely to win, but will get less money back than through the cc dispute.

Good luck!!! If everything else fails, I would call the Bar Association in your state, they have an attorney referral # so you could get a free consultation for whatever case you might have. I'm not saying you need an attorney, I'm only saying that seeing one will get you the answers as to how to deal with the prob. if everything else fails and it would be a pretty cheap alternative.

You probably won't have to go through much to get the deposit back but it just seems very unfair that the dealer is refusing to give you the money back now.

Let us know how it goes!

 

You can try the lawyer route but it will be expensive, and this is simple enough to where you'll be able to handle it yourself. If you end up wanting to get a lawyer, send a PM and I will get that lawyer referral number for you or you can just google it.

 

You should try calling MINI USA and see what they say. It never hurts to go over their head. I had to do that a lot with VW about dealer service.

 

Well, you must remember first of all that the low level people may not be the ones that can do anything....Make sure you talk to someone with some authority....keep going up the food chain till you get someone who understands....up to calling miniusa if need be and making sure that they know that you will be making it your part time job discouraging anyone to going to that dealer..

Did you sign anything? Review very closely (i.e. read all the fine print) of what you signed....If it says non-refundable then you need to play nice and get to the owner to explain your circumstance most people face to face will understand and give you a break....but if you **** them off then you have no case because paper rules

 

In general, the law requires dealers to show actual damages to keep a deposit, regardless of what the paperwork says. This means the dealer will have to show it will be nearly impossible to sell the car without incurred costs equaling the deposit. Not likely.

 

I've looked at all the paper work, it does not say anything about it not being refundable. It says "Deposit (see item 3 on back) but they never sent me the back as they sent the papers by fax. Also the copy of the order's agreement I have does not even have a dealer signature and it says "this order is not valid unless signed and accepted by dealer or his authorized representative". It is just ridiculous...

I already did the dispute with the CC and I spoke with the Attorney General's office and they suggested I file a complaint. I will call Mini USA now...

I think they have a lot of inventory on the lot, that is why they are not happy...

 

I was a member of NAM for about 3 weeks before I actually ordered my car. I wanted to hear from current owners and prospective buyers what they liked/disliked about the car and what kind of problems they were having. I suspect that most people who are serious about buying a MINI will do their research. If they give you a hard time, we can start a "Don't buy Your Mini Here" thread and see what that does to their business. As a buyer, I would drive the extra distance to go to a reputable dealer or buy a different automobile. If the manufacturer got word that this was happening, I'm sure things would change quickly.

 

A deposit is not a contract between you and the dealer. You are entitled to get your money back. Sit down and write a short letter to the dealer. Spell out your expectations. Mail is the only real acceptable way of legally communicating. Do not send your letter to the MA.

 

These are all very good suggestions, I will do both --write a letter to the manager/owner of the dealership and also post a thread warning people of my problem.

As some may remember, I had looked for the Mini for a while and until now I had no problem with any of the dealerships and all said that the deposits were refundable.

 

This is absolutely correct. Here in CA its illegal to keep deposits. Unless you ordered a freak mini I dont see them selling it w/o any issues. If the deposit is on a credit card just dispute it.