Location: WS/Fort Bragg/Fayetteville North Carolina
Need help in Scottsdale AZ
I put a $15k deposit down on a corvette at Diamond Motor Sports in Scottsdale on 2 NOV via wire transfer. On 4 Nov I informed my salesman that I could not go through with the transaction. No contract was signed.
The salesman said that his owner had to authorize the return of the wire transfer and that he would return on 5 Nov. Well here it is over a week later and after repeated communication with the salesman and attempted communication with the owner I have no money and no returned communication.
I contacted a lawyer in Scottsdale and he is helping me free of charge as I think he wanted to do something nice for a Veteran in need on Veterans Day. He has set up an interview for me with the local TV news to broadcast my story about Diamond MS but I am not sure I want to go that far to hurt these guys yet.
I am thinking about waiting one more day then unleashing the wrath of hell on these guys through the news media and having the lawywer go forward with a lawsuit to get my money back plus some money for the bull**** I have went through with these guys.
Does anyone from Scottsdale know this place? They sell high end sportscars and German sedans. I need some help or at least some opinions. I am so frustrated I feel like getting on a plane and dealing with this man to man but I know that is not the smart thing to do.
I put a $15k deposit down on a corvette at Diamond Motor Sports in Scottsdale on 2 NOV via wire transfer. On 4 Nov I informed my salesman that I could not go through with the transaction. No contract was signed.
The salesman said that his owner had to authorize the return of the wire transfer and that he would return on 5 Nov. Well here it is over a week later and after repeated communication with the salesman and attempted communication with the owner I have no money and no returned communication.
I contacted a lawyer in Scottsdale and he is helping me free of charge as I think he wanted to do something nice for a Veteran in need on Veterans Day. He has set up an interview for me with the local TV news to broadcast my story about Diamond MS but I am not sure I want to go that far to hurt these guys yet.
I am thinking about waiting one more day then unleashing the wrath of hell on these guys through the news media and having the lawywer go forward with a lawsuit to get my money back plus some money for the bull**** I have went through with these guys.
Does anyone from Scottsdale know this place? They sell high end sportscars and German sedans. I need some help or at least some opinions. I am so frustrated I feel like getting on a plane and dealing with this man to man but I know that is not the smart thing to do.
I also have a very strong attorney who that is prior military and has two sons in the airforce that will be putting some shoe leather to these guys. At this point I fear something is fishy but I know in the end I will get my money and all costs incurred to file the lawsuit.
I have also contacted Senator McCain's office and will submit my written request for help on Monday. They normally only deal with government agencies but since I am a retired combat veteran they said go ahead and submit it and they will take a personal interest in veterans getting done wrong in AZ.
I also plan to contact Ebay with the situation since DMS likes to list cars on there.
I also have a very strong attorney who that is prior military and has two sons in the airforce that will be putting some shoe leather to these guys. At this point I fear something is fishy but I know in the end I will get my money and all costs incurred to file the lawsuit.
I have also contacted Senator McCain's office and will submit my written request for help on Monday. They normally only deal with government agencies but since I am a retired combat veteran they said go ahead and submit it and they will take a personal interest in veterans getting done wrong in AZ.
I also plan to contact Ebay with the situation since DMS likes to list cars on there.
Cajun
Although I've driven by this company many times, I've had no personal experience. Curious, I Googled their name and saw multiple posts from former buyers claiming they were ripped off. Looks you are not alone.
Sounds like you are taking the right steps in trying to get your money back. The only thing I would suggest (if you haven't tried already) is to contact them one more time letting them know of your plans (12 News on your side, private attorney, McCain's office, etc.). I had a similiar experience many years ago with a new car purchase in Florida. Long story made short, after being ignored multiple times, I contacted the state attorney general's office of consumer fraud. They wrote the dealer a threatening letter and within days I was contacted and resolved the problem to my satisfaction.
In the end, seems to me Diamond will want to avoid the negative publicity so they may be responsive. If not, I'd say pull the trigger and go after them. Good luck.
Location: WS/Fort Bragg/Fayetteville North Carolina
Yeah I told the salesman that they have until COB today or I will go forward with the lawsuit. This guy had the nerve to tell me that if I made threats it would turn into a civil matter and that I would lose. He also stated that out of state deposits are non refundable. These people think $h!t dont stink but are about to find out what one man on a mission with the right connections can do.
Sorry to hear of your situation, but generally deposits are non-refundable. The whole point of a deposit is to show that you're committing to buying the car because the seller is taking it off the market. A refundable deposit is kind of pointless.
That being said, it's generally bad business to keep a customer's deposit, especially one as large as $15,000, and especially if the customer couldn't complete the transaction for reasons beyond his control. I've received deposits for cars I've sold and the sale always went through, but I would NOT have kept the deposit if it didn't. I don't know Arizona law on this issue, but I hope you get your money back.
Location: WS/Fort Bragg/Fayetteville North Carolina
Quote:
Originally Posted by BlackbirdZ07
Sorry to hear of your situation, but generally deposits are non-refundable. The whole point of a deposit is to show that you're committing to buying the car because the seller is taking it off the market. A refundable deposit is kind of pointless.
That being said, it's generally bad business to keep a customer's deposit, especially one as large as $15,000, and especially if the customer couldn't complete the transaction for reasons beyond his control. I've received deposits for cars I've sold and the sale always went through, but I would NOT have kept the deposit if it didn't. I don't know Arizona law on this issue, but I hope you get your money back.
Dude no offense but you are on crack. You need to consult a lawyer before you make a comment like that. Refunds are ALWAYS refundable unless explicitly noted in writing and singed by the buyer. Wow no wonder crap like this goes on with people putting illegal, immoral standards out as law. So because someone puts a deposit down on your car and you take it "off" the market does that mean it will not sell if the buyer back out for some reason? No it just means the car didnt sell to that person.
What car was it and do they still have the car on the lot. For 15k I would fly out and look at the car and see if it was a described. The sale is always contingent on verifying the car is as described. If there are dents or scratches that were not described you can back out and get all your money back.
What car was it and do they still have the car on the lot. For 15k I would fly out and look at the car and see if it was a described. The sale is always contingent on verifying the car is as described. If there are dents or scratches that were not described you can back out and get all your money back.
Dude no offense but you are on crack. You need to consult a lawyer before you make a comment like that. Refunds are ALWAYS refundable unless explicitly noted in writing and singed by the buyer. Wow no wonder crap like this goes on with people putting illegal, immoral standards out as law. So because someone puts a deposit down on your car and you take it "off" the market does that mean it will not sell if the buyer back out for some reason? No it just means the car didnt sell to that person.
Hey, we're just responding to your post. Remember you started this by ASKING FOR HELP IN SCOTTSDALE. No reason to pop off to BlackbirdZ07
Dude no offense but you are on crack. You need to consult a lawyer before you make a comment like that.
Dude, I AM a lawyer!
Generally, when you enter into a contract you're bound by its terms. Yes, you did enter into a contract to buy the car, (although it is probably unenforceable because it was not in writing due to the statute of frauds. Arizona consumer protection laws may also give you some recourse).
What happens if someone walks into the dealership right after you wire the deposit and wants to buy the car for full price? They're going to say, "Sorry, we received a deposit on the car and the car is sold." So the buyer goes and buys another car. Then you breach the contract and decide not to buy the car. Your breach cost them a sale at full price.
Now that was only a hypothetical and almost certainly did not happen. But if they can't rely on your promise to buy the car (backed up by your deposit), what are they going to do when that buyer walks into the showroom and wants to buy the car? They may decide to sell it to the guy with cash in hand and give you your deposit back. If you're a legitimate buyer and you want the car, that's going to make you mad as hell. That's why a deposit has to mean something, and is usually non-refundable. If it's refundable there's no purpose to putting down a deposit other than as an initial payment.
I think you should get your money back because $15K is a huge deposit, and it was only two days between when you wired the money and when you informed them you would not complete the transaction. So they did not take the car off the market for long at all, and there's almost no chance your actions cost them a sale to some other buyer. In all probability, they were not harmed by your breach of the contract.
As I said, I would NOT keep someone's deposit, except maybe if I took the car off the market for a long time in reliance on the buyer's actions and taking it off the market cost me other sales, and the buyer decided not to complete the transaction for some frivolous reason (like he found another car after stringing me along for weeks). In any case I wouldn't keep $15K.
I think you'll get your money back, and I sincerely hope you do.
Location: WS/Fort Bragg/Fayetteville North Carolina
Quote:
Originally Posted by BlackbirdZ07
Dude, I AM a lawyer!
Generally, when you enter into a contract you're bound by its terms. Yes, you did enter into a contract to buy the car, (although it is probably unenforceable because it was not in writing due to the statute of frauds. Arizona consumer protection laws may also give you some recourse).
What happens if someone walks into the dealership right after you wire the deposit and wants to buy the car for full price? They're going to say, "Sorry, we received a deposit on the car and the car is sold." So the buyer goes and buys another car. Then you breach the contract and decide not to buy the car. Your breach cost them a sale at full price.
Now that was only a hypothetical and almost certainly did not happen. But if they can't rely on your promise to buy the car (backed up by your deposit), what are they going to do when that buyer walks into the showroom and wants to buy the car? They may decide to sell it to the guy with cash in hand and give you your deposit back. If you're a legitimate buyer and you want the car, that's going to make you mad as hell. That's why a deposit has to mean something, and is usually non-refundable. If it's refundable there's no purpose to putting down a deposit other than as an initial payment.
I think you should get your money back because $15K is a huge deposit, and it was only two days between when you wired the money and when you informed them you would not complete the transaction. So they did not take the car off the market for long at all, and there's almost no chance your actions cost them a sale to some other buyer. In all probability, they were not harmed by your breach of the contract.
As I said, I would NOT keep someone's deposit, except maybe if I took the car off the market for a long time in reliance on the buyer's actions and taking it off the market cost me other sales, and the buyer decided not to complete the transaction for some frivolous reason (like he found another car after stringing me along for weeks). In any case I wouldn't keep $15K.
I think you'll get your money back, and I sincerely hope you do.
So you are saying that this dealership "could" keep my deposit without anything written or signed? The AZ state Attorney General's office highly disagrees as does the lawyers I have consulted in Phoenix.
No doubt you know the law so if, in fact, there is a a way that they can legally keep my deposit please email me or PM me with the legal basis for that so I can be prepared for that challenge. Thanks
On another note I have had a deposit to a private individual in which the transaction did not happen. That deposit was also refundable according to law. I just need to see the legal basis for the claim? I wsa under the impression after speaking to two attorneys in AZ and the AG office that there was absolutely NO legal basis for DMS to retain my deposit with no written contract and no goods or services delivered.
you did enter into a contract to buy the car, (although it is probably unenforceable because it was not in writing due to the statute of frauds. Arizona consumer protection laws may also give you some recourse).
I think you should get your money back because $15K is a huge deposit, and it was only two days between when you wired the money and when you informed them you would not complete the transaction. So they did not take the car off the market for long at all, and there's almost no chance your actions cost them a sale to some other buyer. In all probability, they were not harmed by your breach of the contract.
I think you'll get your money back, and I sincerely hope you do.
No, I don't think there's a legal basis for them to keep your deposit, at least not most of it. They may be able to claim that they were somehow damaged, but I don't think they're going to be able to claim $15,000 in damages. In any event, the oral contract is likely unenforceable (I say likely because I am not licensed to practice law in Arizona so I will not make a conclusion based on Arizona law) because of the statute of frauds, which generally says that contracts for the sale of goods over $500 must be in writing.
It's incredibly bad business for the dealer to try to keep your money in this situation. If they're smart they'll give you a full refund once they receive a demand letter from your attorney. Good luck!
Blackbird,
You gave Cajun an incorrect conclusion by stating that that he entered into a contract to purchase the car by giving a deposit. that could not be further from the truth. Go back and re take Contracts I and II.
Blackbird,
You gave Cajun an incorrect conclusion by stating that that he entered into a contract to purchase the car by giving a deposit. that could not be further from the truth. Go back and re take Contracts I and II.
BTW I am a lawyer
Carefully re-read what I wrote. I never said he entered into a contract by sending the deposit. You are correct that no contract would be formed simply by one party sending money. I assumed that before he sent the deposit, he made an oral agreement (contract) with someone at the dealership to buy the car. He promised to buy, they promised to sell = mutual consideration.
cajun let me know if i can help! Cajun is a class act and has always done right by me! I use a firm called Lewis and roca here in AZ they are very high powered law firm!
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