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When should a car dealership refund a deposit?

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ingrid2010

Junior Member
What is the nameMassachusetts of your state? Massachusetts

I left a deposit of $3500 to purchase a used 2018 vehicle with 16000 miles on June 23rd 2018. I was scheduled to pick it up a few days later but informed that they did not have the title. The title came in and I went to pick up the car but the dealership had not replaced an internal trim piece as promised. Instead they attempted to repair it by sanding it down and painting it which looked 10 times worse than when it was damaged. They are now telling me it is going to take another 2 weeks to get the trim piece and do this very minor repair. At this point I have no confidence that they are going to do the repair satisfactorily and would like my deposit back. Do I have the right to get out of this deal and is there a time frame in which they are required to give me back the deposit if they do not deliver the car as promised?
 


Zigner

Senior Member, Non-Attorney
No - take your car and bring it back in two weeks for them to install the trim piece.

Enjoy your car!
 

ingrid2010

Junior Member
Thank you for your response; however I didnt pick it up. I refused to take it until they did what they promised to do. Does that change the snswer?
 

ingrid2010

Junior Member
Read my answer again.
Thanks. I wont pick it up until it's right. I really have no faith after the horrible repair they attempted. I'm guessing your answer will be no again but if they do not replace it as promised (it is written on the P&S), can I then get out of this deal? Are they required to deliver the car as promised by a certain period of time before they must refund my deposit? Then, are they required to refund it by a certain period of time? Thanks again for your help.
 

adjusterjack

Senior Member
if they do not deliver the car as promised?
What are you talking about?

They've already delivered the car and you refused to take it. That you don't get to use it for two weeks was your decision.

You could take it home and use it while waiting for the part.

No, you aren't getting out of the purchase.
 

ingrid2010

Junior Member
What are you talking about?

They've already delivered the car and you refused to take it. That you don't get to use it for two weeks was your decision.

You could take it home and use it while waiting for the part.

No, you aren't getting out of the purchase.
They did not REPLACE the damaged interior trim, as they promised to do. I was not going to buy it because of the damaged interior trim. They said they would replace it. Instead they sanded it down and PAINTED it. Absolutely unbelievable that they would expect anyone would take a car like that. They are saying now at least two weeks before they get this part. I think if I take the car, the work will never get done. They made me wait too weeks while they got the title. So it will be a month before the car is ready. I think this entire experience is just outrageous and if I go there to pick it up again and it is not done as promised, can I say give me back my deposit? Am I protected at all from a dealership making a sale contingent upon this and then not doing it? Do they really have the right to make me wait this length of time before they deliver what they promised? They have 17 dealerships, I do not believe for one minute it takes this long to get this part. They just want me to take the car. I really wish I never trusted them in the first place. Dumb, I know.
 

Zigner

Senior Member, Non-Attorney
You own the car. Go get YOUR car - if they don't properly repair it per the contract, then take measures to have it repaired and seek reimbursement from the dealership. In no case are you going to get them to take the car back.
 

ingrid2010

Junior Member
Like I said - go get your car and bring it back in two weeks so they can install the part.
Thanks. I hear what you are saying, but I think I have the best chance of them doing what they promised if I wait until it's right. I really regret trusting them. Good learning experience and a shame there are no laws that protect a consumer in a case like this.
 

ingrid2010

Junior Member
You own the car. Go get YOUR car - if they don't properly repair it per the contract, then take measures to have it repaired and seek reimbursement from the dealership. In no case are you going to get them to take the car back.
Good suggestion. Thank you.
 

xylene

Senior Member
Have you asked, not demanded under law, just simply asked them if they will cancel the sale and refund your deposit.

You: "This has taken a very long time, I would like to ask if you could cancel the sale and refund my deposit?"
 

Zigner

Senior Member, Non-Attorney
Have you asked, not demanded under law, just simply asked them if they will cancel the sale and refund your deposit.

You: "This has taken a very long time, I would like to ask if you could cancel the sale and refund my deposit?"
They're not going to do that, especially over a very simple trim piece replacement.

I'd bet the OP could buy the part for a couple of dozen bucks and put it in without any problem. Not that s/he should have to, but they probably could.

My last used vehicle needed a replacement antenna that they promised to do. I bought a new part on eBay (OEM) but the dealer's service department couldn't ever work out a time for me to get in and get it done. I went to the more local dealer and they put it in for me. Total cost on my end...$130...and the selling dealer reimbursed me in full. This OP sounds like, well let's just say "a difficult customer".
 

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