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  1. #1
    jokestr is offline Junior Member
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    Is my deposit on used car in MA refundable? No car delivered or contacts signed!

    I am out of state (CO), and last week put down a $500 deposit on a used car from Bertera Chevy in Palmer, MA. I did this so the car wouldn't be sold and was told "it is refundable if you decide that you don't want the car".

    After applying for the loan and asking them to overnight me the paperwork. I cautiously reconsidered after receiving the paperwork and see the total cost of the loan. the $19,000 loan would cost me almost $6,500 over 72months. Prior to putting together the paperwork and fedexing, we had gone over all of the numbers over the phone. That is, all except for the whammy number, the cost of the loan.

    I then dug deeper and downloaded the pics of the car online, enlarged them as much as my computer would allow, and scoured them. I then was able to see a considerable amount of cosmetic damage to the rear side of the car.

    With the high loan cost and the newly discovered damage, I called today and told them I am not going through with the purchase. They stated that they may not give me my deposit back since they have already "prepared the car for delivery" and because I'm "canceling in the 11th hour of the sale".

    I have NOT signed any paperwork, and no longer want the car, or to deal with those people. How can I get my deposit back.

    They are telling me that I bought the car already, even though I haven't received the car or signed any contracts.

    Any help would be appreciated!
  2. #2
    xylene is offline Senior Member
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    Here is hint.

    DO NOT BY A $19,000 USED CAR THAT DID NOT COST THAT NEW.

    Sue them is small claims court.

    Don't buy used cars (or any car) out of state.
  3. #3
    swalsh411 is offline Senior Member
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    Where in writing does it say your deposit is refundable?
  4. #4
    xylene is offline Senior Member
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    Quote Originally Posted by swalsh411 View Post
    Where in writing does it say your deposit is refundable?
    Does it say it isn't.... (MA law...)
  5. #5
    jokestr is offline Junior Member
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    Thank you all SO much for the quick replies!!

    DO NOT BY A $19,000 USED CAR THAT DID NOT COST THAT NEW.

    Sue them is small claims court.
    The car is an '08 and was probably 40k or so at the time. After the down payment (that I would have paid) the loan comes to $19k

    Suing them sounds nice in theory, but I gather a lawsuit from out of state would cost me well over $500. (am I wrong?)

    Where in writing does it say your deposit is refundable?
    Being out of state, I never saw anything in writing (until I received the full contract after the deposit was paid). Prior to pulling out my credit card, I was told over the phone that "you'll get your money back if you don't want the car". Thus I proceeded to let them charge the card for the deposit.

    Their purchase agreement states that it's not refundable...though keep in mind, I have not signed this agreement, and it was sent to me several days after my deposit was received.

    Thank you again!
  6. #6
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    Quote Originally Posted by jokestr View Post
    I am out of state (CO), and last week put down a $500 deposit on a used car from Bertera Chevy in Palmer, MA. I did this so the car wouldn't be sold...

    Any help would be appreciated!
    Your deposit paid to remove the car from sale to anyone else. Therefore unless it is in writing, your deposit is NOT refundable. The seller has arguably lost all this time to sell it to someone else. Chalk it up to a life experience.
  7. #7
    xylene is offline Senior Member
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    Quote Originally Posted by goddessoflubboc View Post
    Your deposit paid to remove the car from sale to anyone else. Therefore unless it is in writing, your deposit is NOT refundable. The seller has arguably lost all this time to sell it to someone else. Chalk it up to a life experience.
    Check MA law.

    The poster has recourse to sue in small claims

    The poster should threaten to report the dealer to the authorities in MA as well as an inducement...

    This may not work.

    It is a lifge lesson, but the law facts are a touch different.

    You give a deposit, the law depends on the state, and in writing.

    But go ahead with your 'ideas'.

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