GearShifter

Hi Forum,
Wanted to see if anyone had advice here. Also thanks in advance to anyone reading this.
I ordered a custom RS6 Avant earlier this year from a dealership and paid a $10k deposit via wire.
I did at one point express that I *MIGHT* want to cancel my order mainly to see if they wanted to keep the car themselves for their own inventory and if they would be willing to refund my $10k deposit.
They declined and said if i cancelled the money was non-refundable. With that in mind, I never cancelled my order.
I had not heard from the dealer in weeks and emailed him Sunday night to see when he expected it and he said it already came and they sold it to someone else.
I never told him i didnt want the car, never agreed to cancelling or anything like that.
What would you do? I mean obviously they need to give me my $10k back...but this seems like worse than this. I mean now i dont get my car i ordered and they got to profit off of it!
I've never sued anyone...i guess i dont consider myself that type of person...but is this the situation where i should consider it?
Where we left off yesterday was him telling me some manager would email me...but that hasnt happened either and it's been a while.
Thanks

nickyblack

seems like you can't make up your mind
Deposits are always refundable
And in the end your getting what you wanted
They would profit off the car by selling it do somebody either you or another customer, so i don't understand the issue with this.
There is nothing to sue about unless they kept your deposit which won't happen.
Switch dealers

KevinGary

Sounds like you got burned when you inquired about cancelling the order just to see if you could get your deposit back. I am sure they will give you back your deposit

GearShifter

Yeah hopefully i'll get the money back...they told me on the phone this week they would, but they also said they should be able to overnight the check thursday so i could get it friday and it was very obvious the sales manager hated me and did not want to return my money. I think hes going to pay me as late as he possibly can, which may require a letter from a lawyer. I already spoke with a lawyer in the dealership's state and the lawyer said that since there was a contract signed between parties that there was a breach of contract, but he recommended i just stick to getting my deposit back before making the process a PITA even though technically it could get me more money back than the deposit.

GearShifter

What makes you say deposits are always refundable? I signed a contract with the dealer that clearly said the deposit was non-refundable. That being said they breached the contract by not alerting me of the car being at the dealership and not giving me a chance to actually complete the deal before selling it to someone else.

KevinGary

I hope the dealership does not follow this forum.

GearShifter

Why would that matter? The deposit is non-refundable per the contract...as in non-refundable if the customer does not want the car. It's different when the dealership sells the car somewhere else, it becomes a breach of contract. It's a lot worse for them.

DadAudi

Wow OP, I’m really at awe about what you are going through. So are you going to order another vehicle, or just grab one off of the lot ?

Pale Rider

I feel for you, especially being hoodwinked this way. But I am curious: why would the SM hate you?

nickyblack

Dealers aren't in the business of keeping deposits, It's a bad business model which would inhibit future sales and orders from customers, unless you built a car that they couldn't sell say in a very of exterior or interior color