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Superior Chevrolet- Arkansas Dealership not refunding my deposit

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Old 01-20-2022, 10:36 PM
  #21  
Marshjn
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Yeah. Other option is wait to get the car with 6k over sticker + sales tax (texas), then sell it in open market to break even if the C8 market stays strong through the year. Give or take 10k over sticker for a brand new C8 with no miles is not a crazy ask given most of private sellers/dealerships lists for 15-25k over sticker.

I would also have to say, while all this was happening, I went and purchased a 2021 C8 HTC 2LT with 1800 mi for 10k over sticker (has cermic coating, ppf, aftermarket wheels, carbon fiber ground effects package). So I might sell that and keep the new one. Ideally it would be good if I get my deposit back so I dont have to do all that

Originally Posted by direct007
I'm wondering why anyone would sign such a one sided agreement. If you are going to pay $6k over sticker and agreeing to a non-refundable deposit, why not have it stated that it was for a January 2022 allocation since you are making these other concessions in consideration of this implied delivery? While that's water under the bridge at this point, your only redeeming factor is that they will not be able to deliver a 2022 in 6 to 8 months since that will be a 2023 and will be in breach of their own agreement.

Hopefully a few others will learn from this and not enter into such as one-sided agreement in the future.
Old 01-20-2022, 10:38 PM
  #22  
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Originally Posted by Marshjn
It was not stated in the contract. The sales person lied they dont have anyone on waitlist and they get one allocation per month, so a car could be delivered between 6-9 weeks after putting down the deposit. After paying the deposit, I got to talk to the inventory guy who said theres 5 people on the waitlist. When I went back and confronted the sales guy, he apologized and said he would work to get my refund after talking to his GM. Its been about a couple of weeks since then, its been hard to get hold of him.

Again, I thought these were standard procedures as I have not ordered a new car before and its my first time. Tough lesson I guess
If they don’t deliver on their agreement to sell you 2022 corvette I would call your State Attorney Generals office and plead your case, they may intervene on your behalf and it will not cost you anything. Worth a phone call.
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Old 01-20-2022, 10:39 PM
  #23  
dohabandit
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That agreement does NOT say MSRP. It says it will be applied towards the "purchase price". They could tack on a $10k ADM if they wanted.
Looks to me like you are locked in, and agreed not to dispute it too.

Never sign paper that looks like this, unless you have $6k to burn.
Old 01-20-2022, 10:40 PM
  #24  
Justin B
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If u have to wait 6-8 more months then the purchase will not be completed. They stop taking 2022 orders in March and your current order does not roll over to a new Model year.... they will have to re enter your order into the system and you'll have to sign a new agreement " which you will decline " because that wasn't what u signed up for. Your deposit will need to be returned . Contact the GM of the dealer
Old 01-20-2022, 10:48 PM
  #25  
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Does your sales contract specify that the
selling price will be msrp + $6k + taxes?

In other words, does it specify an out the
door price, and was it signed by a sales
manager who has signing authority for the
dealership?
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Old 01-20-2022, 10:57 PM
  #26  
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Originally Posted by Marshjn
Yeah. Other option is wait to get the car with 6k over sticker + sales tax (texas), then sell it in open market to break even if the C8 market stays strong through the year. Give or take 10k over sticker for a brand new C8 with no miles is not a crazy ask given most of private sellers/dealerships lists for 15-25k over sticker.

I would also have to say, while all this was happening, I went and purchased a 2021 C8 HTC 2LT with 1800 mi for 10k over sticker (has cermic coating, ppf, aftermarket wheels, carbon fiber ground effects package). So I might sell that and keep the new one. Ideally it would be good if I get my deposit back so I dont have to do all that
No offense intended, but it appears as if you’re intent at throwing money away. The “agreement” posted above doesn’t state the vehicle will be sold to you at $6k over MSRP, it says your $6k will be applied to the purchase price - whatever number they decided it is when said vehicle finally arrives.

Then instead of seeing that issue through, you went and spent $10k over sticker on a used car. If that $10k over didn’t include sales tax there’s an additional what $8-10k maybe depending on your tax rate. If whomever sold it to you for only $10k couldn’t sell it for $20k over, it’s unlikely you will be able to, so you’ll be upside down on that car plus the $6k forfeited to the AR dealer.

Probably should’ve read up on the forum or consulted with somebody before making 2 financial mistakes. Unfortunately, based on what you signed, unless you can prove they can’t get you a 2022, you’re going to be out that money.


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Old 01-20-2022, 11:03 PM
  #27  
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Originally Posted by JABCAT
No offense intended, but it appears as if you’re intent at throwing money away. The “agreement” posted above doesn’t state the vehicle will be sold to you at $6k over MSRP, it says your $6k will be applied to the purchase price - whatever number they decided it is when said vehicle finally arrives.

Then instead of seeing that issue through, you went and spent $10k over sticker on a used car. If that $10k over didn’t include sales tax there’s an additional what $8-10k maybe depending on your tax rate. If whomever sold it to you for only $10k couldn’t sell it for $20k over, it’s unlikely you will be able to, so you’ll be upside down on that car plus the $6k forfeited to the AR dealer.

Probably should’ve read up on the forum or consulted with somebody before making 2 financial mistakes. Unfortunately, based on what you signed, unless you can prove they can’t get you a 2022, you’re going to be out that money.
I aggree on many of these points. Luckily for him , he should be able to prove they can't get him a 2022 by March when the order books close on 2022's once the model year ordering switches over then he should be good to get his refund. "HOPEFULLY"
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Old 01-20-2022, 11:34 PM
  #28  
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Are there additional documents? I agree with others that it may be worth talking to an attorney. In addition to the points above, assuming they apply in jurisdiction, see if attorney has opinion on:
- whether contract fails if it doesn't include all material terms, e.g., purchase price (assuming not stated in another document)
- dealership's duty of good faith to perform contract, e.g. a 2022 if they didn't
- illusory contract (particularly if purchase price is not agreed to in another document), i.e., the dealership is really not bound to anything if they still have the power to determine the "purchase price"
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Old 01-21-2022, 12:04 AM
  #29  
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I would take that to an attorney. It is incomplete as the "contract" lists description, VIN, and stock number. VIN and stock number are missing. As others have pointed out it's for a 2022 and that ship is pulling out of the harbor in short order. It's not a one way street, they can't act as if it's valid no matter what on their side, but not for yours. There is no language that states another model year.
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Old 01-21-2022, 12:09 AM
  #30  
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Normally I'd advise to talk with your attorney, but in this case... YOU signed the paper! You gave them permission in writing to keep your money; what do you expect?
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Old 01-21-2022, 12:16 AM
  #31  
Marshjn
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Sorry I wasn't totally clear the first time around. There's anothet build sheet contract signed by myself and the GM of the dealership. It specifically states the msrp + 6k over sticker as the total price. Please see below



Originally Posted by JABCAT
No offense intended, but it appears as if you’re intent at throwing money away. The “agreement” posted above doesn’t state the vehicle will be sold to you at $6k over MSRP, it says your $6k will be applied to the purchase price - whatever number they decided it is when said vehicle finally arrives.

Then instead of seeing that issue through, you went and spent $10k over sticker on a used car. If that $10k over didn’t include sales tax there’s an additional what $8-10k maybe depending on your tax rate. If whomever sold it to you for only $10k couldn’t sell it for $20k over, it’s unlikely you will be able to, so you’ll be upside down on that car plus the $6k forfeited to the AR dealer.

Probably should’ve read up on the forum or consulted with somebody before making 2 financial mistakes. Unfortunately, based on what you signed, unless you can prove they can’t get you a 2022, you’re going to be out that money.
Old 01-21-2022, 12:28 AM
  #32  
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Originally Posted by Marshjn
Sorry I wasn't totally clear the first time around. There's anothet build sheet contract signed by myself and the GM of the dealership. It specifically states the msrp + 6k over sticker as the total price. Please see below
The problem is that is a build sheet, and a price "estimate" based on the time it was built. Also doesn't show any other itemizations for tax, title, tag, doc fees, etc. That should be #1 red flag already.
Nothing there says the purchase price will be 92k. Even the MSRP can change, and when I got my vehicle via MM it was communicated to me early on that since the wait would be very long, there is a chance that the MSRP price could change, and it did (a little). GM increased it, it wasn't an ADM, but I had to pay it.
So that 92k written on there is just a figure, I don't think it would bind them to selling you the car for that amount.

The "contract" looks bad though and looks more like a deposit on a car they already have on their lot. They don't even have a VIN they can give you, and they won't be able to get you a 2022 model unless they sell you a used one, heh.
I agree you should go to your states AG, and probably also send this up to GM / Corvette Concierge. Show them the car you BOUGHT from them already, and the lame bait/switch/false promises of this dealer.
Old 01-21-2022, 12:46 AM
  #33  
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Originally Posted by Marshjn
Hi, I paid $6000 deposit (through credit card) to Superior Chevrolet Arkansas a few weeks before after the Car sales person promised me a Jan allocation. We had an agreement that the car would be sold to me at 6k over msrp hence the $6000 deposit. I also signed a document that says the 6 grand is not refundable (now realizing how stupid I was to sign this). Few days later, I spoke the inventory guy who said they have a waitlist and I wont be able to get the car for 6-8 months. I agreed to pay 6k over sticker to get an allocation sooner. After confronting the car sales person about this, he admitted about the wait. I then requested for my desposit back, now the dealership is giving me run arounds and is not giving my money back.

I disputed the charge with my credit card company, but unfortunately they sided with the dealership and closed the case (due to non refundable agreement I think)

I just wanted to ask the forum members is there any recourse or way to get my desposit back?
Call tha Attorney General's Office in Little Rock. AR.
Old 01-21-2022, 12:47 AM
  #34  
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You have nothing other than some scribbled
numbers on a build sheet with an illegible
signature.

That has no resemblance to a binding
contract.

Might as well have some numbers written on
a napkin.

Even if they get you a car, you have left
yourself wide open to additional markups.

If it isn’t properly documented and signed
off on by both parties, it wasn’t agreed on.
Verbal promises mean nothing.

Is this the first car you have “ordered “?



Last edited by 455230; 01-21-2022 at 12:54 AM.
Old 01-21-2022, 01:10 AM
  #35  
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Originally Posted by Avanti
Normally I'd advise to talk with your attorney, but in this case... YOU signed the paper! You gave them permission in writing to keep your money; what do you expect?
They cannot keep his money. A deposit on a vehicle is NEVER non-refundable.....
Old 01-21-2022, 01:50 AM
  #36  
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Originally Posted by Skid Row Joe
They cannot keep his money. A deposit on a vehicle is NEVER non-refundable.....
They seem to be doing a good job at keeping it so far. Be interesting to learn the final outcome on this one.
Old 01-21-2022, 07:43 AM
  #37  
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Originally Posted by Skid Row Joe
They cannot keep his money. A deposit on a vehicle is NEVER non-refundable.....
Well, the dealership & the credit card company think otherwise, the op signed a no refund deposit form so at worst he has to wait for his turn in line

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Old 01-21-2022, 08:06 AM
  #38  
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A certain precedence has been set in that a deposit is to allow a seller to recover any financial losses incurred due to the failure of the sale. Anything over $1,000 raise a flag of question because they can't prove any hardship of that amount. I'm with Skid Row Joe, it costs nothing to call the Arkansas States Attorney office and be clear on the whole thing especially the amount. When you take anything to an extreme the logic becomes clear, so if they asked for a $50,000 deposit they get to keep it because.............they just want your money???? Not how it works.
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Old 01-21-2022, 01:40 PM
  #39  
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Thanks for all the inputs. Just a quick update. I was able to connect with a sales manager from the dealership today who said they cut a check for 6k refund today. I would know in a few days if they being truthful this time around 🤞
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Old 01-21-2022, 01:45 PM
  #40  
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Yes this was my first time order a brand new vehicle/C8. My C7 was purchased as used. So I was new to allocations/status codes all that. Truth be told, I was also a little desperate to drive a C8. Im 29 and need to work on my patience so I dont enter into one sided contracts like this again. Lesson learnt

Originally Posted by 455230
You have nothing other than some scribbled
numbers on a build sheet with an illegible
signature.

That has no resemblance to a binding
contract.

Might as well have some numbers written on
a napkin.

Even if they get you a car, you have left
yourself wide open to additional markups.

If it isn’t properly documented and signed
off on by both parties, it wasn’t agreed on.
Verbal promises mean nothing.

Is this the first car you have “ordered “?


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