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Recently, I had a very bad experience when I brought a car in Richmond Nissan. I gonna buy one used vehicle and paid $ 1000 as deposit, which they told me is refundable, to the dealer. However, before I left the finance manager (FM) office, she required me to sign another document to agree this deposit is non-refundable if they reach all terms of contract. But, my sales told me this is just a general additional document in the process which I need not to worry about. The salesman told me that my deposit is definitely refundable.
When I back home, the finance manager (FM) called me that my finance application is not approved because I don't have enough credit. She persuaded me to purchase this car by cash. Because I really wanna buy that car, so I agreed with her idea. However, my wife told me that we don't have enough money to pay off that car after she came back home.
Next day morning, I called my sale next day to explain my finance problem cause I can't buy this car and asked him to return my deposit. He said no problem he would do it in afternoon after he met the finance manager. Around the 6 pm, there was nobody contacted me, so I called the sale again ask why you still not refund my deposit? He told me he already talked with FM, and she would contact ASAP. Until the end of day, there was nobody contact me again. One thing more very interesting, I tried to call my sales again, he didn't pick up my call anymore in contrast with he kept active contact with me while I hadn't made decision on the purchase. I really disappointed with that sales and finance manager.
This morning, I finally reached that FM and asked her to return my deposit. Do you know what she said? That's absolutely ridiculous. She said we can't return your deposit because you've already signed the additional agreement regarding the deposit is non-refundable. I told her that my sales had told me this is just an additional agreement, your company would return my deposit. See, there is Cheating-1 here. Then FM said I never heard about that. I said okay, the additional agreement said that I can get my money if the dealer can't reach all my requirements which including the finance application that actually is not approved by bank. I think everything is very clearly here now and I think I'm very friend and reasonable guy. Do you know what FM say? That beautiful lady said you've already agreed that you were willing to pay by chase on the phone. Oh my god, I told FM that just one occasional idea which is fully considered by me and my wife who really know the finance situation of my family. Although I told FM I don't have the money to pay off this car, she insisted that she wouldn't return my deposit because our chat has changed the term of the additional contract. Please be careful here, she said that our " CHAT" has changed the original additional contract, which is a document without any written change and signature. I really doubt her IQ because she think that a CHAT, not a legal chat with record, can change a written document? Absolutely, "CHEATING" again here. How do you think?
I disputed with the finance manager and told her I gonna find a lawyer, she told me you can do anything but I wouldn't return your deposit. Then I contacted BC Motor Vehicle Sales Authority to ask for help. The nice officer told me I am absolutely right and he can help me to sue them. Okay, I did every documents and sent to him. One interesting happens, when I dialed back Richmond Nissan in Automall to question the store manager about my issue, they told me they agree to refund my deposit.
Finally, I went to that awfully store to get my refund. When I came into the store, that salesmen, who never gets my phone again after second day, smiled to me and said " you see, I promised that we will refund your money", which really disgusted me.
That salesmen and finance manager are really Cheater. Everyone should be careful with your deposit and Richmond Nissan.
illegal.VSA rules that all deposits are fully refundable. Does not matter if they had to ship the vehicle from a different dealer or do a factory order
As mentioned above, all deposits are fully refundable. If they told you to sign something that stated something along the lines of a deposit not being refundable as you have written in your post, why the hell would you sign it? I would still regard something written on paper with your signature on it as MUCH more significant than anything anyone says by word, regardless of whatever your sales told you.
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she required me to sign another document to agree this deposit is non-refundable if they reach all terms of contract.
Shady practices by the dealership perhaps, but never sign anything you don't agree with, which I assume you did with the way you are writing the post.
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She said we can't return your deposit because you've already signed the additional agreement regarding the deposit is non-refundable. I told her that my sales had told me this is just an additional agreement, your company would return my deposit. See, there is Cheating
Cheating is probably not the right term, more like shady and illegal as mentioned above.
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I broke up with the finance manager and told her I gonna find a lawyer
This sentence made me lol, you guys in a relationship or something
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Just go and tell the manager to return the deposit or you are going to blow this case wide-open to every media (traditional and online) once you file complain with the police and file this case in small claim court. Whether or not they still want to save their reputation while they still can, it's up to them.
As many have mentioned, deposit is fully refundable by law. Well, at least there are quite a bit of steps required by law to be non-refundable. Even if you sign another piece of paper, it does not mean such a contract can go beyond the law. The basis of contract law is that any terms that are deemed illegal cannot be enforced.
On court, they would have to prove the damage you caused to them and how such if they were not listed in the contract and explained to you fully.
Just go and tell the manager to return the deposit or you are going to blow this case wide-open to every media (traditional and online) once you file complain with the police and file this case in small claim court. Whether or not they still want to save their reputation while they still can, it's up to them.
As many have mentioned, deposit is fully refundable by law. Well, at least there are quite a bit of steps required by law to be non-refundable. Even if you sign another piece of paper, it does not mean such a contract can go beyond the law. The basis of contract law is that any terms that are deemed illegal cannot be enforced.
On court, they would have to prove the damage you caused to them and how such if they were not listed in the contract and explained to you fully.
When I came into the store, that salesmen, who never gets my phone again after second day, smiled to me and said " you see, I promised that we will refund your money", which really disgusted me.
wow, first thought that came to mind was that guy's pic should be photoshopped with the scumbag meme hat.
Even if it is "just another document" it CAN be binding. I'm interested in what that document EXACTLY said, and if it did mention anything about having that despoit be binded. (With or without a sale)
I've learned from all the horror stories from shady Kingsway/King George dealers, and ICBC, that you NEVER sign something until you are 100% satisfied with what is in the contract.
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Originally Posted by murd0c
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Unfortunately this practice is quite common in the industry. Never sign anything that says your deposit is non-refundable. According to the VSA all deposits are refundable unless otherwise stated, which is why dealerships make you sign that form. The VSA has more power over a motor dealer than BBB in terms of sanctioning and discipline.
Your deposit agreement likely said something along the lines of not refundable unless unable to secure financing or the vehicle agreed upon. They were unable to secure you financing, therefore it should be refundable.
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