termigator

Hello everyone.

I purchased my IS350 back in mid-December, but I like to tell a little story and hopefully, some of you folks can have some suggestions or maybe even relate!

During December last year, I decided to purchase a new car. I had pretty much decided to get a TL-S, although I had less than spectacular results with my 02' TL-S (both the car and Acura dealerships). On Dec. 14, I drove the TL-S and thought it was pretty nice, but the dealership (Fountain Acura of Orlando) would n't deal. I told the rep. I could get the new 08' at dealer invoice, but he just didn't want to deal.
I decided to drive down to the Lexus dealership and check out the IS350. I should at least check it out even though it was more than what I really wanted to pay for. After checking out the interior and driving it, I couldn't help but think that the IS was a nicer AND faster car, even though I didn't think it looked as good as the TL-S. I began to give the IS some serious consideration.
That evening, I received a call from Acura of Orange Park in Jacksonville. The "internet manager" offered me an 07' TL-S for $33,500. Too good of a deal to seemingly pass up, I decided to go for it and put down a $500 deposit through my credit card.
The next day, I kept thinking about the IS. I started thinking that I made a big mistake with the TL-S, so I called Acura of Orange Park and told them I changed my mind and I was going to get the IS350. Obviously disappointed, the guy said he would try and get my deposit back. Later in the day, the guy calls me back to try and persuade me to change my mind, but when I wouldn't, he started insulting me and said he would not be able to give me my deposit back.
As of now, the credit card company is looking into the dispute, because, true to their word, they have not given me my deposit back and, unfortunately, I don't see this situation ending in my favor. Even though I've been told by many people in the auto business that they have no right to my money, one of my neighbors contacted his lawyer about my situation and he said that the deposit was "my way of showing intent and commitment" and that even though I cancelled the next day, they were entitled to keep my money. He suggested I either contact the store manager and talk to him or take the bad publicity through the local news route.

kickin8

iTrader: (1)

the thing is that you did not sign ANY contract.....your credit card company should be able to get it back....talk to the owner of the dealership....they should be able to help you with that.....

good luck and keep us posted.....

Joeb427

iTrader: (1)

They'll make you sweat a bit but you should get it back.
A couple of years ago I put a $500 a deposit on a Tacoma that was coming into the dealership in a week or so.They gave me a hard time about returning my $500 deposit and I signed sales paperworkl.I got the credit back to my CC in about 10 days.

Brian231

I have heard of this happening to three people I knew in the past ten years at different dealers. They all ended up getting the money back.

PhilipMSPT

iTrader: (5)

No.

A deposit is intent.

A signed document is commitment.

lexus 951

no one could say it any better

BLITZ123

I am an executive in the credit card processing industry. Your best bet is to contact your issuer and formally request a chargeback on the purchase. They will require a detailed explanation for the chargeback (your is ligitimate).

The request will go to the dealers acquiring bank and the issuer. It will be up to the merchant (dealer) to prove that the money is theirs and the issuer almost always takes the side of cardholder in these situations.

Good luck

tex2670

Tell them you are calling the consumer reporters at the local TV stations. They will eat this up during Feb sweeps.

Joeb427

iTrader: (1)

If you were thinking of calling Honda,don't bother.I tried calling Toyota with my issue and was told they couldn't do anything because the dealer are 'independent dealers'.
You'll get it back.

termigator

Actually, I probably would have stuck with the Acura if my wife and I did not purchase a Honda Accord just one month earlier. The sales rep. and I started talking and he told me that legally, you can get all of your money back even if you signed every paper as long as you did not take the car of their lot.
From that conversation, I figured it was not too late to back out of the Acura.

Drunkebuda

yes you should be able to get it back...you did not sign any contract and are not bound to anything. They will give it back.

termigator

Yeah, I was pretty confident that I was going to get my money back because every single individual I told about my situation said they had no right to my money. I didn't really worry about it until I received a letter from my CC co. asking for more info. on the situation. I filled out all they info. they requested, but when I kept reading, one of the paragraphs at the end stated that, even with all of the info. I gave them, they might not be able to get my money back. That's when I decided to ask my neighbor's help. He had previously offered his lawyer's help and I decided to take him up on his offer. He was sure his lawyer was going to be able to expedite the matter, but he just emailed me back with his lawyer's legal jargon (i.e. "intent and commitment").

termigator

Thanks for the info. Is there a difference between requesting a chargeback and disputing the charge? I already contacted the CC co. to dispute the charge and gave them all the info. they requested. They are currently "investigating" the situation.

Evitzee

In the future, never put a deposit down without a signed agreement that you have 'X' amount of time to cancel the agreement with no recourse. Most car dealers will agree with it since they figure you'll walk otherwise, and a deposit is better than nothing.

And just because you didn't sign anything doesn't mean the contract to buy isn't valid. An oral contract is valid in most instances.

termigator

This was all done over the phone in the evening. I live in Orlando. The dealership is in Jacksonville. I suppose we could have done the faxing thing, but I don't have a one. Maybe I should get one.
But your point is well taken.