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Superior Chevrolet- Arkansas Dealership not refunding my deposit
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?
UPDATE: As of Jan 27, I happy to report that I recieved my 6k deposit back. Great sigh of relief. I wouldn't deal with this dealership again.
It does state the purchase is for a 2022 corvette, which means they would have to put an allocation in shortly for a 2022. I don’t know if that will get you any leverage.
I bought from this dealership as well, and the other thing that is not clear in the deposit agreement, is that even though the deposit is applied toward the purchase of the car, it does not state that you are purchasing the car at MSRP. My deposit was $5K at the time and learned about 3 months in to the order, that the deposit was an added cost to MSRP. After I said to forget the order, they agreed to a $2.5K increase to MSRP for the purchase price of the car, which I accepted - so not too bad overall. They did deliver on the allocation when they said they would (6 months after my deposit). I've had the car now for 10 months now and very happy. Just a sour experience to start.
I don't understand why everyone in car sales is so scummy.
The only thing that could help is if they can't get you a 2022, which if its a 6-8 month wait they most likely can't.
You could make that point, no 2022 and they cant just keep the money.
Yea the contract states that "It is understood by the Customer and the Dealership that this deposit will be applied toward the purchase of the vehicle described above." The vehicle described above was a 2022 Stingray. If they can't provide you a 2022 model, then they would be in breach of contract, not you.
If time runs out and they try to allocate a 2023 corvette to you, they breach the "contract", though I would like to view the entire agreement. Could you post it? Personally, I wonder why would you sign a piece of paper like that as a contract is a meeting of the minds, and apparently you didn't include your expectations in this one-sided agreement. My advice is to search this forum for a copy of the letter GM recently sent to their dealers warning them of price and deposit gouging and take it to the GM, and tell them your next call is to GM.
Yea the contract states that "It is understood by the Customer and the Dealership that this deposit will be applied toward the purchase of the vehicle described above." The vehicle described above was a 2022 Stingray. If they can't provide you a 2022 model, then they would be in breach of contract, not you.
Exactly. The dealer went into an agreement to provide a 2022 Corvette. If they can’t deliver a 2022, then they did not fulfill their agreement and they need to refund the $6K. The problem I see is that the credit card company probably won’t understand the Corvette allocation system and will probably think the dealer has all year to supply the vehicle. The OP will have to attempt to educate the CC company.
Yea the contract states that "It is understood by the Customer and the Dealership that this deposit will be applied toward the purchase of the vehicle described above." The vehicle described above was a 2022 Stingray. If they can't provide you a 2022 model, then they would be in breach of contract, not you.
The contract says "If the purchase is not completed, the deposit will be forfeited." and it also says "This deposit is non-refundable." before that. It also says he isn't allowed to dispute the charge with the CC company. What did you read that lead you to conclude they would be in breach of contract if they didn't deliver?
The contract says "If the purchase is not completed, the deposit will be forfeited." and it also says "This deposit is non-refundable." before that. It also says he isn't allowed to dispute the charge with the CC company. What did you read that lead you to conclude they would be in breach of contract if they didn't deliver?
Well if they entered into a contract with no intention or ability to complete their side that is fraud. I would also argue that it was a contract of adhesion. If you lived in the great state of California this contract would be unenforceable. Deposits cannot be non refundable. I would sue them.
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.
The contract says "If the purchase is not completed, the deposit will be forfeited." and it also says "This deposit is non-refundable." before that. It also says he isn't allowed to dispute the charge with the CC company. What did you read that lead you to conclude they would be in breach of contract if they didn't deliver?
That sounds like if the dealer didn't complete the deal they get to keep the deposit even it it was no fault of the buyer. Sounds like a bad deal for the customer to me...
If the dealer decides it can get more money selling the car to someone else they can keep the deposit since the deal wasn't completed.
Where does it say on your sales contract
that you are promised a Jan allocation?
if they don’t deliver on providing you a 2022 corvette, I would call the Attorney General in your state and make your claim that they defaulted on the contract and they refuse to provide you a refund, he may contact them on your behalf and save you from hiring an attorney.
A couple of points. First the "contract" calls for the VIN and stock number. But they dont have that and it the information called for is not complete. Second, you should have noted that the terms were conditioned on them being able to provide you a car in January and that the car would be sold to you at $6,000 over MSRP. Go see a lawyer. He might want $2,000 of your $6,000 to handle the matter, but that is better than getting stiffed for the whole amount. Sorry for your troubles.
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
Originally Posted by 455230
Where does it say on your sales contract
that you are promised a Jan allocation?
01-20-2022, 06:27 PM
Superior Chevrolet- Arkansas Dealership not refunding my deposit
