Thank you very much for this informative article. I wonder if you have any objection to answering a personal question about this: I deposited a $300 deposit on a car from a car dealership and the entire sale took place by phone and not on the spot. A few days after storage on the phone, I didn`t order. I didn`t sign some kind of order form, etc. As in your article above, I think I`m entitled to a refund of that money, but the seller told me that it had to bring in another car from a dealership, etc. and therefore the costs incurred, so I can`t have that deposit back. I have never been aware of any of this. They even said they could keep this deposit if I wanted to buy a car of their own in the future. I tried to contact them again to ask for my refund, but now received no return message from them and I wonder a) if I am entitled to my bail and b) how to approach the situation?… Hey, Mike. Legally, they probably don`t have to pay back your money.
The terms and conditions of your vehicle contract probably indicate that you can cancel if the dealer cannot deliver within 28 days of the specified delivery date, so that a week`s delay will not be enough to trigger this. If you complain to the sales manager or the dealer manager, you may be able to get a refund and an apology. But they probably cannot demand it from a legal point of view. Some merchants will have you sign a form with the “deposit” in the “partial payment.” Don`t sign this unless you are absolutely sure to buy the car. An oral agreement is difficult unless you have proof of what has been agreed. The trader could easily turn around and say that their recall of an oral agreement is quite the opposite of what you are saying. Unless you have a truly independent witness to verify what has been said (which is unlikely, because any witness would probably be with you or would work for the merchant, so they will not be independent), all you can refer to is what is written on the paper. You have terminated the financing contract, but the purchase of a vehicle is not cancelled. In theory, the trader can insist that you continue buying and find the money elsewhere.