Superior Chevrolet- Arkansas Dealership not refunding my deposit
#21
Instructor
Thread Starter
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
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
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.
Hopefully a few others will learn from this and not enter into such as one-sided agreement in the future.
#22
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
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
The following users liked this post:
Marshjn (01-20-2022)
#23
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.
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.
#24
Drifting
Member Since: Dec 2015
Location: New Orleans, Louisiana
Posts: 1,926
Received 1,165 Likes
on
691 Posts
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
#25
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?
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?
The following users liked this post:
Lit (01-20-2022)
#26
Race Director
Member Since: Nov 2017
Location: Prosper TX/Austin TX
Posts: 10,973
Received 8,896 Likes
on
4,284 Posts
2020 C6 of the Year Winner - Modified
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
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
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.
The following 2 users liked this post by JABCAT:
396tears (01-21-2022),
dohabandit (01-21-2022)
#27
Drifting
Member Since: Dec 2015
Location: New Orleans, Louisiana
Posts: 1,926
Received 1,165 Likes
on
691 Posts
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.
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.
The following users liked this post:
Bird67 (01-21-2022)
#28
Intermediate
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"
- 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"
The following users liked this post:
dohabandit (01-21-2022)
#29
Race Director
Member Since: Aug 2019
Location: Central Illinois
Posts: 10,093
Received 11,618 Likes
on
4,645 Posts
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.
The following 3 users liked this post by Phil1098:
#30
Race Director
Member Since: Mar 2001
Location: Bonneville Salt Flats, 223mph Aug. '04
Posts: 17,470
Received 5,239 Likes
on
3,472 Posts
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?
The following users liked this post:
AZ99FRC (01-24-2022)
#31
Instructor
Thread Starter
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
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.
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.
#32
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.
#33
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?
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?
#34
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 “?
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.
#35
#36
Moderator
Member Since: Dec 2002
Location: Lakewood Ranch, FL
Posts: 40,091
Received 3,589 Likes
on
1,626 Posts
#37
Race Director
Member Since: Apr 2016
Location: Pittsburgh
Posts: 10,724
Received 4,741 Likes
on
3,017 Posts
2023 C6 of the Year Finalist - Unmodified
2022 C6 of the Year Finalist - Unmodified
2021 C6 of the Year Finalist - Unmodified
#38
Race Director
Member Since: Aug 2019
Location: Central Illinois
Posts: 10,093
Received 11,618 Likes
on
4,645 Posts
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.
The following users liked this post:
Marshjn (01-21-2022)
#39
Instructor
Thread Starter
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 🤞
The following 6 users liked this post by Marshjn:
Irpilot (01-21-2022),
Mark2021C8 (01-23-2022),
Melvinne (01-21-2022),
muscle96ss (01-23-2022),
PColasanto (01-23-2022),
and 1 others liked this post.
#40
Instructor
Thread Starter
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
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 “?
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 “?