What is the name of your state?What is the name of your state? NY
12/19/05 I went to Empire Scion and discussed options/colors of the Scion xB. While viewing them on Scion.com with Mr.Costa, salesman, I requested red or blue; they had neither on lot. Unfamiliar with Salsa Red, Costa insisted that it was the new name for the red, Black Cherry. Due to time constraints, I agreed to a dealer swap. When Costa promised I’d have a vehicle in a few days. I gave a $500 deposit so he could search for a car.
12/20/05 Ms.Williams, business manager, called to discuss credit and request proof of income. Later, she found a lender, but required almost double the down payment I wanted.
12/21/05 To my surprise, Williams called to schedule the transaction. My Insurance Co. called to confirm the purchase. I asked the color and told them I only agreed to two. They called Empire, learned it was neither and stopped the sale. Ms. Williams then attempted to pressure me by stating how hard it was to get me approved at all and that I would not be approved again. She also stated if I did not take one of the vehicles off their lot I would not get a vehicle at all, and my personal favorite: “You do realize you are unemployed and nobody will consider you.” (I am currently under workers compensation and forbidden from seeking employment). I told her again that I wouldn’t take what they had available. Costa called to say he was searching for a car. He later said he found one, options were being installed and it would arrive soon. I stopped by and both Costa and Williams promised it would be there by the weekend.
12/23/05 I called Williams. She apologized for not having the vehicle, assuring me it would arrive on or before Monday at the latest.
12/26/05 I called Costa. He checked the status and said the vehicle wasn’t scheduled to arrive until late the following week. When inquired, he informed me that the color of the “red” vehicle was in fact Black Cherry, a color I was never shown.
12/29/05 After researching the color on my own, I called Costa to inform him that due to color variations and severe time delays, I was no longer interested in the vehicle.
12/30/05 I went to collect my deposit and was told repeatedly they would not return my money and my options were to wait 3-4 weeks or take what was available. I became loud. Two employees began to physically threaten me. I left the store and waited for the police who had been called.
I never received a copy of the contract the night I signed it, just a receipt for the deposit. They gave me a copy of it on 12/30. The contract says "Not refundable" and does not list the timeframe promised by either of the employees. Oddly enough, it is signed and dated by Ms. Williams on the date I was first there even though she had already left for the day... so I don't know if anything else was added afterwards.
I have already contacted Scion directly who are unwilling/unable to help me. I have also put in a claim with the BBB. Are there any other avenues I can take to get my deposit back and if not, any way I could legally alert the masses of their empty promises and tactics (leaflets, signs, or so on)?
Thank you.
12/19/05 I went to Empire Scion and discussed options/colors of the Scion xB. While viewing them on Scion.com with Mr.Costa, salesman, I requested red or blue; they had neither on lot. Unfamiliar with Salsa Red, Costa insisted that it was the new name for the red, Black Cherry. Due to time constraints, I agreed to a dealer swap. When Costa promised I’d have a vehicle in a few days. I gave a $500 deposit so he could search for a car.
12/20/05 Ms.Williams, business manager, called to discuss credit and request proof of income. Later, she found a lender, but required almost double the down payment I wanted.
12/21/05 To my surprise, Williams called to schedule the transaction. My Insurance Co. called to confirm the purchase. I asked the color and told them I only agreed to two. They called Empire, learned it was neither and stopped the sale. Ms. Williams then attempted to pressure me by stating how hard it was to get me approved at all and that I would not be approved again. She also stated if I did not take one of the vehicles off their lot I would not get a vehicle at all, and my personal favorite: “You do realize you are unemployed and nobody will consider you.” (I am currently under workers compensation and forbidden from seeking employment). I told her again that I wouldn’t take what they had available. Costa called to say he was searching for a car. He later said he found one, options were being installed and it would arrive soon. I stopped by and both Costa and Williams promised it would be there by the weekend.
12/23/05 I called Williams. She apologized for not having the vehicle, assuring me it would arrive on or before Monday at the latest.
12/26/05 I called Costa. He checked the status and said the vehicle wasn’t scheduled to arrive until late the following week. When inquired, he informed me that the color of the “red” vehicle was in fact Black Cherry, a color I was never shown.
12/29/05 After researching the color on my own, I called Costa to inform him that due to color variations and severe time delays, I was no longer interested in the vehicle.
12/30/05 I went to collect my deposit and was told repeatedly they would not return my money and my options were to wait 3-4 weeks or take what was available. I became loud. Two employees began to physically threaten me. I left the store and waited for the police who had been called.
I never received a copy of the contract the night I signed it, just a receipt for the deposit. They gave me a copy of it on 12/30. The contract says "Not refundable" and does not list the timeframe promised by either of the employees. Oddly enough, it is signed and dated by Ms. Williams on the date I was first there even though she had already left for the day... so I don't know if anything else was added afterwards.
I have already contacted Scion directly who are unwilling/unable to help me. I have also put in a claim with the BBB. Are there any other avenues I can take to get my deposit back and if not, any way I could legally alert the masses of their empty promises and tactics (leaflets, signs, or so on)?
Thank you.
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My friend, if everything is as you stated, go to the manager and request your refund (of deposit) immediately.