California Deposit Law

GTx08 · 06-17-2006, 01:51 PM

Does anyone here know for a fact that all deposits are refundable in California? Where I can find it on the web? I've been trying it for a coupel days now. I just backed out of my order and the sales person said my deposit may not be refundable because i cancelled the order. I repeatedly asked him if the deposit was refunable before my car came and he said yes. I asked for a written copy and he said that California Law requires them to return all deposits if asked. I've ordered several cars before in the past where I've asked for my deposit back and they promptly returned them. Now I'm a little bit worried.

foofighter · 06-17-2006, 02:42 PM

that's bs it's refundable...the deposit is NOT a binding contract...do you have the paperwork? did you put it on a cc? you can call your cc company and contest it. which dealersip was this?

NaTuReB0Y · 06-17-2006, 02:49 PM

that's one shady salesman.......

it's sad how low a bmw salesman will go......

he'll probably keep the money for himself......if you walk away quietly....

MB330 · 06-17-2006, 09:10 PM

Quote:

Originally Posted by NaTuReB0Y

that's one shady salesman.......

it's sad how low a bmw salesman will go......

he'll probably keep the money for himself......if you walk away quietly....

My guy even didn't ask for down payment/deposit. $850 over ED invoice and no deposit!

bostoniant · 06-17-2006, 09:19 PM

a deposit is a contract in itself. it's separate from the sales contract. if you canceled the order, then normally you would lose the deposit. if the guy lied about it, he can still get away with it if the purchase order states that you would lose the deposit. (when something written contradicts something oral, the writing wins)
what you can do though, is raise hell ... incrementally. first make a complaint to the manager. second, file a complaint with the local better business bureau. you can do it online, the one for Irvine is: http://www.labbb.org/ third, make a complaint to your state's Attorney General's office.
Technically, you have a losing case. But most businesses would rather take it on the chin than have a series of PR blemishes like this. You will almost certainly get the desired result after you file a complaint with the BBB, because the dealer will have to respond to it, and your complaint is recorded.
Good luck!

GTx08 · 06-18-2006, 09:31 PM

I originally asked to reorder, but there were no longer any production slots available for 06 models. He stated that I would have to order an 07 which would be going into production in late July/early August and the delivery date would be September. He also stated that the deal that I was getting would not be appliable, so at that point I asked for my deposit back. I will for the mean time hold the dealerships name back in hopes that he will give my deposit back. I hope things gets resolved this week.

THE JEDI · 06-18-2006, 09:43 PM

Dude your money is refundable..:mad: ....Screw that sales dude go staright to the Sales Manager tell him cut you a check for the full deposit ..

..Man I'd whipp his ass...

.I don't like that crap he's trying to force ya hand either he makes money from you being a chump or ya buy a car.....

..GAWD.....that riles me...

.now if BMW has shipped a car you have ordered and met all their contract liabilities then uh oh......

......but if they aint built it, and he's playing that crap, bs they will sell ya car to the next guy they got people fighting for early production slots....

.....if ya need some help whipping his ass let me know....I got some friends:rocks:

foofighter · 06-18-2006, 09:55 PM

understandably that a deposit could be non-refundable, but the OP hasnt stated anything that was written, probably just a sales receipt showing that money had changed hands and possibly a cc sales print out.

I would persue this in a professional manner, asking the sales guy firmly and then escalating this to the sales manager.

ADHD · 06-18-2006, 10:07 PM

Quote:

Originally Posted by foofighter

understandably that a deposit could be non-refundable, but the OP hasnt stated anything that was written, probably just a sales receipt showing that money had changed hands and possibly a cc sales print out.

I would persue this in a professional manner, asking the sales guy firmly and then escalating this to the sales manager.

I was told when if i put a deposit down that it was out of good faith! so to me that means NON refundable! I guess it depends on the situation and your CA

06-17-2006, 01:51 PM	#1
GTx08 RAMPAGE! 8 Rep 225 Posts Drives: 07 335i Sedan Join Date: Aug 2005 Location: Irvine, Ca iTrader: (9)	California Deposit Law Does anyone here know for a fact that all deposits are refundable in California? Where I can find it on the web? I've been trying it for a coupel days now. I just backed out of my order and the sales person said my deposit may not be refundable because i cancelled the order. I repeatedly asked him if the deposit was refunable before my car came and he said yes. I asked for a written copy and he said that California Law requires them to return all deposits if asked. I've ordered several cars before in the past where I've asked for my deposit back and they promptly returned them. Now I'm a little bit worried.
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06-17-2006, 02:42 PM	#2
foofighter Captain 66 Rep 840 Posts Drives: 2017 TRD Off Road 4r - 2018 M3 Join Date: May 2006 Location: The OC iTrader: (1)	that's bs it's refundable...the deposit is NOT a binding contract...do you have the paperwork? did you put it on a cc? you can call your cc company and contest it. which dealersip was this?
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06-17-2006, 02:49 PM	#3
NaTuReB0Y Powered By 36DD 337 Rep 7,369 Posts Drives: 2006 E90 Join Date: Jul 2005 Location: Inland Empire iTrader: (12)	that's one shady salesman....... it's sad how low a bmw salesman will go...... he'll probably keep the money for himself......if you walk away quietly.... __________________ 2006 E90 330i Jet Black \| 20" WORK VS-XX \| FK452 \| H&R Sport on Koni Yellow \| REMUS QUAD
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06-17-2006, 09:19 PM	#5
bostoniant Private First Class 16 Rep 124 Posts Drives: 2006 330xi Join Date: Jun 2006 Location: Wash, DC iTrader: (0) Garage List 2006 330xi [0.00]	a deposit is a contract in itself. it's separate from the sales contract. if you canceled the order, then normally you would lose the deposit. if the guy lied about it, he can still get away with it if the purchase order states that you would lose the deposit. (when something written contradicts something oral, the writing wins) what you can do though, is raise hell ... incrementally. first make a complaint to the manager. second, file a complaint with the local better business bureau. you can do it online, the one for Irvine is: http://www.labbb.org/ third, make a complaint to your state's Attorney General's office. Technically, you have a losing case. But most businesses would rather take it on the chin than have a series of PR blemishes like this. You will almost certainly get the desired result after you file a complaint with the BBB, because the dealer will have to respond to it, and your complaint is recorded. Good luck!
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06-18-2006, 09:31 PM	#6
GTx08 RAMPAGE! 8 Rep 225 Posts Drives: 07 335i Sedan Join Date: Aug 2005 Location: Irvine, Ca iTrader: (9)	I originally asked to reorder, but there were no longer any production slots available for 06 models. He stated that I would have to order an 07 which would be going into production in late July/early August and the delivery date would be September. He also stated that the deal that I was getting would not be appliable, so at that point I asked for my deposit back. I will for the mean time hold the dealerships name back in hopes that he will give my deposit back. I hope things gets resolved this week.
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06-18-2006, 09:43 PM	#7
THE JEDI Major 123 Rep 1,461 Posts Drives: 2005 Z4 2.5i Join Date: Aug 2005 Location: JAPAN, Okinawa iTrader: (0)	Dude your money is refundable..:mad: ....Screw that sales dude go staright to the Sales Manager tell him cut you a check for the full deposit .. ..Man I'd whipp his ass... .I don't like that crap he's trying to force ya hand either he makes money from you being a chump or ya buy a car..... ..GAWD.....that riles me... .now if BMW has shipped a car you have ordered and met all their contract liabilities then uh oh...... ......but if they aint built it, and he's playing that crap, bs they will sell ya car to the next guy they got people fighting for early production slots.... .....if ya need some help whipping his ass let me know....I got some friends:rocks:
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06-18-2006, 09:55 PM	#8
foofighter Captain 66 Rep 840 Posts Drives: 2017 TRD Off Road 4r - 2018 M3 Join Date: May 2006 Location: The OC iTrader: (1)	understandably that a deposit could be non-refundable, but the OP hasnt stated anything that was written, probably just a sales receipt showing that money had changed hands and possibly a cc sales print out. I would persue this in a professional manner, asking the sales guy firmly and then escalating this to the sales manager.
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