Deposit for ordering an IS350 from dealership
#17
Lexus Champion
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The whole problem with insisting that a deposit is non-refundable has to do with a contract. If you obligate one party in the deal, the other party to the deal has to be equally obligated. If you put down a deposit and you are required to purchase or else lose your deposit, is the dealership obligated to sell or else they lose what?
They have no skin in the deal. You have $1,000 on the line and what do they have on the line? Nothing. If you car arrives and one hour later, someone comes in, they see the car and offer MSRP sticker for the car, will the dealer sell it to them? Yes. Then what? They give you $1,000 deposit back? How's that fair, they didn't risk anything but you did. And if I walk into a dealership down the road and buy the car from someone else, I lose my $1,000 deposit back at the original dealership?
You can't bound one side of the party to a contract while the other side is unbound. At that point, you don't have a deal. A deposit simply shows that you are serious and that your intentions are honorable, that's about it. If there is a custom order or add'l cost has been added per your request, that's a little bit different. But I don't think ordering a car with different available options qualify.
They have no skin in the deal. You have $1,000 on the line and what do they have on the line? Nothing. If you car arrives and one hour later, someone comes in, they see the car and offer MSRP sticker for the car, will the dealer sell it to them? Yes. Then what? They give you $1,000 deposit back? How's that fair, they didn't risk anything but you did. And if I walk into a dealership down the road and buy the car from someone else, I lose my $1,000 deposit back at the original dealership?
You can't bound one side of the party to a contract while the other side is unbound. At that point, you don't have a deal. A deposit simply shows that you are serious and that your intentions are honorable, that's about it. If there is a custom order or add'l cost has been added per your request, that's a little bit different. But I don't think ordering a car with different available options qualify.
#18
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Originally Posted by kensteele
The whole problem with insisting that a deposit is non-refundable has to do with a contract. If you obligate one party in the deal, the other party to the deal has to be equally obligated. If you put down a deposit and you are required to purchase or else lose your deposit, is the dealership obligated to sell or else they lose what?
They have no skin in the deal. You have $1,000 on the line and what do they have on the line? Nothing. If you car arrives and one hour later, someone comes in, they see the car and offer MSRP sticker for the car, will the dealer sell it to them? Yes. Then what? They give you $1,000 deposit back? How's that fair, they didn't risk anything but you did. And if I walk into a dealership down the road and buy the car from someone else, I lose my $1,000 deposit back at the original dealership?
You can't bound one side of the party to a contract while the other side is unbound. At that point, you don't have a deal. A deposit simply shows that you are serious and that your intentions are honorable, that's about it. If there is a custom order or add'l cost has been added per your request, that's a little bit different. But I don't think ordering a car with different available options qualify.
They have no skin in the deal. You have $1,000 on the line and what do they have on the line? Nothing. If you car arrives and one hour later, someone comes in, they see the car and offer MSRP sticker for the car, will the dealer sell it to them? Yes. Then what? They give you $1,000 deposit back? How's that fair, they didn't risk anything but you did. And if I walk into a dealership down the road and buy the car from someone else, I lose my $1,000 deposit back at the original dealership?
You can't bound one side of the party to a contract while the other side is unbound. At that point, you don't have a deal. A deposit simply shows that you are serious and that your intentions are honorable, that's about it. If there is a custom order or add'l cost has been added per your request, that's a little bit different. But I don't think ordering a car with different available options qualify.
take them to court for that, and probably win.. Secondly, the dealer has more than
the $500 or $1,000 to lose... I'll give you a sinario,,, dealer named John, promises car
to me,,, i leave a deposit, now John gets 2 other ppl interested in the car , he turns them
away "assuming he does what he's supposed to".. so now at the last minute i back out
of the deal... and 2 hours later another dealer named Mike, gets an offer on that same car..
dealer Mike gets the commision, and dealer John gets squat... deposits are left for
a reason.. I'm sure the dealer makes more than $500 or $1,000 off of each car he/she
sells...
#19
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Originally Posted by AsianGirl007
That's not entirely accurate. Over here there's no such thing as a "non-refundable" deposit, it's a contradiction of terms. For new hot models dealers will have no problem selling the car to the next guy, unless of course it's a car without popular options.
![Smilie](https://www.clublexus.com/forums/images/smilies/smile.gif)
I think that in general, it would be fair for dealerships not to refund the deposit, if they really have a lot of trouble selling the car. I saw an S65 AMG on a lot in Santa Monica, and I was like, oh man, I bet that was a custom order that someone backed out of. Good luck to the dealer trying to sell a car like that off the lot! If I'm gonna pay $180k, I better get the custom options I want! No way I would take a car that expensive from dealer stock, unless it was just what I wanted... So I can see how a dealer wouldn't want to get stuck with a bare-bones IS350... A car with (potentially) low demand that they are worried about being able to sell.
I also agree that most dealerships refund the money because they don't want to get a bad reputation. But in general, this policy favors the consumer. In fact, I put down deposits at 3 dealerships before I got my car, and the one that came in first, I bought. The other 2 gave me my money back. Is that fair to the dealers? Not really. But if they're willing to do it, I'd be a fool not to take advantage of it. I'm sure the other guys had no problem selling their cars (in fact Tony1 bought one of the other cars I had a deposit on)..
#20
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Originally Posted by diablo1
In fact, I put down deposits at 3 dealerships before I got my car, and the one that came in first, I bought. The other 2 gave me my money back. Is that fair to the dealers? Not really. But if they're willing to do it, I'd be a fool not to take advantage of it. I'm sure the other guys had no problem selling their cars (in fact Tony1 bought one of the other cars I had a deposit on)..
i didnt know you had a deposit on it?, Are you sure about that, because ive been keeping
in contact with the dealer since Sept, and he called me a let me know that car was
arriving to the dealership about 2 weeks prior to it arriving, then he called me and
i came about 1-2 days after it arrived, (it was all wrapped in plastic).. So then i made
the deal that day.. Did you just have a deposit on a IS350? or did you have a deposit
on that specific one, (VIN number included in the deposit paperwork)?
#21
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Originally Posted by Tony1
Wow, no way, i remebered you had said you had interest in the car i bought, but
i didnt know you had a deposit on it?, Are you sure about that, because ive been keeping
in contact with the dealer since Sept, and he called me a let me know that car was
arriving to the dealership about 2 weeks prior to it arriving, then he called me and
i came about 1-2 days after it arrived, (it was all wrapped in plastic).. So then i made
the deal that day.. Did you just have a deposit on a IS350? or did you have a deposit
on that specific one, (VIN number included in the deposit paperwork)?
i didnt know you had a deposit on it?, Are you sure about that, because ive been keeping
in contact with the dealer since Sept, and he called me a let me know that car was
arriving to the dealership about 2 weeks prior to it arriving, then he called me and
i came about 1-2 days after it arrived, (it was all wrapped in plastic).. So then i made
the deal that day.. Did you just have a deposit on a IS350? or did you have a deposit
on that specific one, (VIN number included in the deposit paperwork)?
So I guess the deposit wasn't officially pegged to that vehicle, although that vehicle was offered to me. I don't know how they could have offered us both the same car. Maybe they got two identical ones in the same shipment...
#22
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Originally Posted by diablo1
I asked when he could have it for me, and he said mid November. I passed because another dealer could have it for me on Nov 3, they were offering the same price, and the other dealer was more convenient to where I live....
the car and they just refused to sell it to you in order to sell it to me.. I bought the car sometime between Nov 14-20th, that was much past the time when you had already made a deal elsewhere.. So what did
the dealer do wrong here, maybe I'm missing something?..
![Confused](https://www.clublexus.com/forums/images/smilies/confused.gif)
#23
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Originally Posted by Tony1
Oh, on your last post you made it seem as though you were still interested in
the car and they just refused to sell it to you in order to sell it to me.. I bought the car sometime between Nov 14-20th, that was much past the time when you had already made a deal elsewhere.. So what did
the dealer do wrong here, maybe I'm missing something?..![Confused](https://www.clublexus.com/forums/images/smilies/confused.gif)
the car and they just refused to sell it to you in order to sell it to me.. I bought the car sometime between Nov 14-20th, that was much past the time when you had already made a deal elsewhere.. So what did
the dealer do wrong here, maybe I'm missing something?..
![Confused](https://www.clublexus.com/forums/images/smilies/confused.gif)
#24
Lexus Champion
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Originally Posted by Tony1
First off, they are not supposed to sell the car that you left a deposit on,, you can
take them to court for that, and probably win.. Secondly, the dealer has more than
the $500 or $1,000 to lose... I'll give you a sinario,,, dealer named John, promises car
to me,,, i leave a deposit, now John gets 2 other ppl interested in the car , he turns them
away "assuming he does what he's supposed to".. so now at the last minute i back out
of the deal... and 2 hours later another dealer named Mike, gets an offer on that same car..
dealer Mike gets the commision, and dealer John gets squat... deposits are left for
a reason.. I'm sure the dealer makes more than $500 or $1,000 off of each car he/she
sells...
take them to court for that, and probably win.. Secondly, the dealer has more than
the $500 or $1,000 to lose... I'll give you a sinario,,, dealer named John, promises car
to me,,, i leave a deposit, now John gets 2 other ppl interested in the car , he turns them
away "assuming he does what he's supposed to".. so now at the last minute i back out
of the deal... and 2 hours later another dealer named Mike, gets an offer on that same car..
dealer Mike gets the commision, and dealer John gets squat... deposits are left for
a reason.. I'm sure the dealer makes more than $500 or $1,000 off of each car he/she
sells...
![Uhh...](https://www.clublexus.com/forums/images/smilies/1387914497.gif)
![Uhh...](https://www.clublexus.com/forums/images/smilies/1387914497.gif)
#26
Lexus Champion
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Originally Posted by gshb
keep re-reading it
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