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Can Dealer Keep Your Deposit?

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Old Jan 9, 2008 | 10:32 AM
  #21  
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Default RE: Can Dealer Keep Your Deposit?

You already canceled one contract on a classic. You should be an expert on this by now...
 
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Old Jan 9, 2008 | 10:35 AM
  #22  
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Default RE: Can Dealer Keep Your Deposit?

It varies by state. As Firetender says, they absolutely can not keep it in CA.
 
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Old Jan 9, 2008 | 11:21 AM
  #23  
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Default RE: Can Dealer Keep Your Deposit?

Is it related to this? If so, the dealer is probably getting tired of getting jacked around.

https://www.hdforums.com/m_2689737/m...tm.htm#2690239

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Old Jan 9, 2008 | 11:31 AM
  #24  
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Default RE: Can Dealer Keep Your Deposit?

I have some experience dealing with kind of situation (work for car dealership). I don't know about your state, but in NM. The deal is not written in stone untill you take delivery of the unit.
You should demand your deposit back. If the dealer refuses to return it then you should contact your state Attorney Generals Office. They will help you recover your deposit. Usually the threat of involving the AG is enough to get the dealer to give in to your demands.
 
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Old Jan 9, 2008 | 11:33 AM
  #25  
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Default RE: Can Dealer Keep Your Deposit?

Sounds like a troll to me....

 
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Old Jan 9, 2008 | 12:51 PM
  #26  
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Default RE: Can Dealer Keep Your Deposit?

I don't see how it would be in the best interest for the dealer to **** of a potental customer for something he doesn't want. Now if I take a deposit on a specail ordered bike then it's his bike or I'll tell him when the bike sells, I'll refund him his deposit. That would be if it was a bike I did not want for stock. Ask to speak to the GM or owner of the store. Also check with your motor vehicle department for your state. They usually have a special department for new vehicles.
 
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Old Jan 10, 2008 | 03:59 PM
  #27  
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Default RE: Can Dealer Keep Your Deposit?

maybe part of it on special orders.
 
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Old Jan 10, 2008 | 04:29 PM
  #28  
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Default RE: Can Dealer Keep Your Deposit?

ORIGINAL: Fire Guys Road King

So I put money down lastnight on a SERK. Thinking of cancelling it due to all of the horror stories. Is it leagal for the dealer to keep deposit. Don't we have 72 hours like a cars buyers remorse type thing?
As far as I understand .... Contractually, it should say on your salescontract whether or not your deposit is refundable. Typically a deposit is a token of good faith andit's only part ofthe first stages of entering into a contract.Foranyone to enter into a contractural agreementthere has to be an monetary value (it could even be as low as $1.00) in exchange for a promise to provide you with the object of the contract (inyour case the bike).

I think, the deposit can be forfieted if you pull out of your contractural obligations. A small price to pay, when you really think of it ... Technically, they COULD persue the matter and make you fullfill your complete obligation and pay the whole amount. After all, if you signed on the dotted line, you promised to pay them for it. Then it would be up to you to settle your issue with the manufacturer. This is pretty counter productive though and I don't think they would take it that far. If you're lucky enough to get a full refund, for some reason, they may reserve the right to retain a restocking fee...Once again ... this should be covered in your contract.

Also, contracturally, I believe there is also a grace period for you to change your mind but again, unless it's states on your contract that all sales are final, or your buying something that it being sold to you "as is", you're pretty much stuck with your contractural agreement. I think there is some sort of issue with how much is invested by the seller in his fullfilling his obligation to provide the product.

If he has put outany moneyto get the thing shipped, or ordered, or if anything was customized...He shouldn't be out of pocket for those kinds of things either. That's where you will find a definate snag. You see, you can't sign a contract to (let's say) get your bike painted, then after it's done (say the following day), all of a sudden claim that you have changed your mind. It just doesn't work that way.

If in fact there is no signed sales contract, and you simply just handed them a cheque (in good faith), then you entered into a verbal agreement. There is a lot of gray area in this situation. Legal obligations should be discussed with your lawyer for the most acurate protocol. If there is no harm no foul, they should refund your money and everyone is happy. You will eventually pick another bike and complete a transaction sometime down the line ... again ... everyone is happy.




 
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Old Jan 10, 2008 | 04:57 PM
  #29  
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Default RE: Can Dealer Keep Your Deposit?

Your state office of attorney general can verify if deposits are nonrefundable on vehicle purchases in your state. Even if the contract states it's not refundable, if state law says it is, it is, period.
 
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Old Jan 16, 2008 | 12:40 PM
  #30  
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Default RE: Can Dealer Keep Your Deposit?

Thats a bunch of crap get your money back
 
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