Law for getting refund of downpayment on an allocation

Discussion in 'SRT Hellcat Purchasing' started by evperry, Jun 4, 2016.

  1. evperry

    evperry Hellcat Member

    Joined:
    Sep 30, 2015
    Messages:
    106
    Likes Received:
    7
    Trophy Points:
    18
    Vehicle:
    Charger SRT Hellcat
    Anyone know the NY states law for getting a refund when ordering from an allocation.

    This dealer can't deliver and they are saying I'm stuck.

    My quick research says they opposite but I may have to goto small claims courts.

    I gotta email my attorney to see what he says but if anyone knows let me know.

    Thanks.
     
  2. Fastcat ny

    Fastcat ny Silver Member

    Joined:
    Aug 24, 2015
    Messages:
    157
    Likes Received:
    61
    Trophy Points:
    178
    Vehicle:
    Challenger SRT Hellcat
    Where in ny are you located ! What does the deposit receipt show. Should be no problem I put a down payment on a new Maserati a few months ago and decided not to buy it ..the dealer gave me mine back no questions asked
     
    Last edited: Jun 4, 2016
    • Like Like x 1
  3. Slowpoke387

    Slowpoke387 VIP Hellcat Member

    Joined:
    Jan 31, 2016
    Messages:
    802
    Likes Received:
    213
    Trophy Points:
    73
    Location:
    Enfield, CT
    Vehicle:
    Challenger SRT Hellcat
    Squeaky wheel gets the refund, trust me. Im in the car business.
     
    • Like Like x 1
    • Agree Agree x 1
  4. Markp

    Markp Gold Member Hellcat Car Club Gold Supporting Member HCC Club Member

    Joined:
    Aug 5, 2015
    Messages:
    1,483
    Likes Received:
    572
    Trophy Points:
    463
    Location:
    Ontario, Canada
    Vehicle:
    Challenger SRT Hellcat
    How long have you had the deposit on the car?
     
  5. evperry

    evperry Hellcat Member

    Joined:
    Sep 30, 2015
    Messages:
    106
    Likes Received:
    7
    Trophy Points:
    18
    Vehicle:
    Charger SRT Hellcat
    Had it in the car since March.

    I doubt I will have an issue getting this deposit back but I wanted to know what the law says.

    Nothing with my name on it even showing a car had been ordered.
     
  6. Fastcat ny

    Fastcat ny Silver Member

    Joined:
    Aug 24, 2015
    Messages:
    157
    Likes Received:
    61
    Trophy Points:
    178
    Vehicle:
    Challenger SRT Hellcat
    Next step try a mask and a gun lol .... And get a bit more for your trouble :)))))
     
    • Funny Funny x 1
  7. FINALLYSATISFIED

    FINALLYSATISFIED Silver Member

    Joined:
    May 23, 2015
    Messages:
    558
    Likes Received:
    132
    Trophy Points:
    153
    Location:
    San Diego, CA
    Vehicle:
    Challenger SRT Hellcat
    You would easily win in a small claims court. Not only that but requesting for the dealer to pay for court costs/lawyer fees is also achievable. And an inconvenience fee for wasting your time.
     
    • Agree Agree x 1
  8. clickr

    clickr Silver Member

    Joined:
    Apr 18, 2015
    Messages:
    298
    Likes Received:
    82
    Trophy Points:
    178
    Vehicle:
    Charger SRT Hellcat
    can you contact someone on the mother ship...they would probably send the dealer a nice little reprimand...this kind of behavior is bad for the dealer, bad for the brand.

    have you been talking to the salesman, the sales manager, the owner?

    did you get any kind of paperwork when you gave them your "money"???

    Hope things turn out good for you.

    Cheers.
     
    • Agree Agree x 1
  9. huggytree

    huggytree Gold Member

    Joined:
    Nov 22, 2014
    Messages:
    3,089
    Likes Received:
    731
    Trophy Points:
    458
    Vehicle:
    Challenger SRT Hellcat
    i would threaten to tell your story everywhere on the internet and use their business name

    also file small claims court

    i had threatened to lien a customers house and she threatened to trash me all over the web if i went through with it.....it scared me quite a bit.....having your name trashed on the web is a big deal and anyone can do it whether they are justified or not......i didnt back down and she paid.... but that threat had me sweating.........also complain to the BBB....get them on record there...the BBB is all BS, but i get a few jobs a year from their website and also a few customers a year check there.....a bad BBB rating will cost them thousands.......and trashing them on the web will also cost them thousands

    they dont get to profit from a car they didnt sell you...

    if i had free time i would hold up a sign in front of their business....car dealers are all low lifes



    good luck
     
    • Funny Funny x 1
  10. Wayne

    Wayne Gold Member

    Joined:
    Feb 16, 2016
    Messages:
    394
    Likes Received:
    249
    Trophy Points:
    213
    Vehicle:
    Challenger SRT Hellcat
    If you get your deposit back and are still looking for a HC, Don Lessord has two at Lessord Chrysler Products in Sodus, NY. He is 110% straight, no BS! I purchased a 2010 SRT 8 and a 2016 Hellcat from him. I never had anything in writing with him and he did EXACTLY what he said he would do. No attempt to bump on delivery, or anything even remotely close to that. He's just a straightforward guy. You couldn't go wrong with him.
     
    • Like Like x 1
  11. Markp

    Markp Gold Member Hellcat Car Club Gold Supporting Member HCC Club Member

    Joined:
    Aug 5, 2015
    Messages:
    1,483
    Likes Received:
    572
    Trophy Points:
    463
    Location:
    Ontario, Canada
    Vehicle:
    Challenger SRT Hellcat
    I would think they would have to give your deposit back as they did not provide you with your vehicle within a reasonable time. Why should they keep your money if they cannot even provide a date on delivery.
     
    • Agree Agree x 1
  12. SRT_HC_707

    SRT_HC_707 SRT_HC_707 Staff Member

    Joined:
    Jan 1, 2015
    Messages:
    4,920
    Likes Received:
    1,418
    Trophy Points:
    778
    Location:
    70.196059, -148.559760
    Vehicle:
    Challenger SRT Hellcat
    If they can't deliver how are you stuck. What sort of assclown would even say that to a customer.

    "Gee Mr. Dumbass, I can't deliver the car for which you left a handsome deposit. I'm so sorry but I have to keep your deposit and give you nothing. You have a nice day now".
     
    Last edited: Jun 4, 2016
    • Agree Agree x 2
  13. Markp

    Markp Gold Member Hellcat Car Club Gold Supporting Member HCC Club Member

    Joined:
    Aug 5, 2015
    Messages:
    1,483
    Likes Received:
    572
    Trophy Points:
    463
    Location:
    Ontario, Canada
    Vehicle:
    Challenger SRT Hellcat
    Get a lawyer and sue for the interest on the deposit.
     
  14. JonWrong

    JonWrong Silver Member

    Joined:
    Feb 3, 2015
    Messages:
    357
    Likes Received:
    48
    Trophy Points:
    138
    Location:
    Orlando, FL
    Vehicle:
    Charger SRT Hellcat
    Was there any written agreement signed, executed, or provided when you made the deposit? It could say that you forfeit it if they cannot deliver a car, but I doubt it. Even that might not hold up in Court. If there is nothing in writing, then you get the deposit back. It's that simple. Obviously, you want to avoid going to Court b/c it takes time and money. Don't call a lawyer either.

    I would politely ask for a refund because they did not or cannot deliver a car. Don't threaten to tell your story all over town. Kindness works. If they say so, ask to speak to a manager or, better yet, THE manager. If that does not work, send a nice letter to them and ask for the contact information for their corporate Dodge rep. Last resort, file in small claims.
     
  15. MABBRYFL30

    MABBRYFL30 NYS President Hellcat Car Club Gold Supporting Member

    Top Poster Of Month

    Joined:
    Feb 10, 2016
    Messages:
    4,683
    Likes Received:
    1,845
    Trophy Points:
    568
    Vehicle:
    Challenger SRT Hellcat
    There is no f ing way a dealer can take your money for a allocation and not refund anything but your entire deposit. It isn't your fault it is the dealer that is in serious trouble.

    Pm me some more info and we will work some magic for you
     
    • Like Like x 2

Share This Page