I am trying to get my down payment back from a car dealer.I was going to lease a 2012 Optima. Since I have only fair credit, I agreed to put 4,500 down and agree to 3 yrs of 225.00 monthly payments.I received a phone call from their financial rep a few days later who informed me that "they wouldnt take the deal, you will have to put 7,000 down." So, I went back and sat with the finanacial rep again. Since this was a radical(almost doubling) of my down payment, I wanted to know specifically as possible what happens to all this down payment money.I never got any specific or direct answers, much equivocation and bantering around of residuals, depreciation and percentages(no ball park figure),So, in short, it appeared I would be putting out approx. 18,000 over 3 years and then still owe half on a vehicle I dont even own. So I had reservations.However, I left and actually went to my bank and drew out a bank check for the 7,000, thinking this would be a good way to re-establish credit, etc.It took several days for them to locate my first choice of colors, so I had time to speak with unbiased friends and family. The more info I gathered the more outrageous this deal became.Eventually, on the day I was to pick this car up, I simply phoned them and said I wasnt going through with the 7,000 down payment, I was calling it off.-----that is some background info---NOW, I signed a Lease Order and put down 1,000( prior to this increase) with an agreement of 4,500 on delivery. The next line on the form reads "additional deposit" 1,000 rebate.Next line, "no refund of deposit".Last line, COD 4500.Re: Delivery info and Checklist Form, it read: Vin: TBD; Date: TBD Time: TBD (to be determined). Re: Delivery Appointment, "Final COD in the amount of $4,500 must be in the form of a bank check or certified funds made payable to Premier Kia.-----My concern and question-----I never signed ANY form or agreement that I would put down all that extra money, the 7000.The sales people just continued on as though there had been no problems or changes and brought in a car from another state that was the right color, etc.Thus, they are stating they fulfilled their part of this bargain and did what was required of them and refuse to give my down payment of 1,000 back.Doesnt this arbitrary doubling of signing cost, from stated, signed and agreed upon 4,500 up to 7,000(without approval signature) negate the original pending contract?---I have copies of eveything. I feel like I am being underhanded here by a less than scrupulous sales team.---What do you see here? Can I get that 1,000 back?Thank you.How?
Country relating to Question: United States
State (if USA): Connecticut
Speaking with the sales rep, financial representative of the dealership on the phone.
Contacted 2 lawyers who said the claim was too small for their interest; suggested small calims court on my own.
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.The only way they can keep the down payment from a legal perspective is if they are willing to go along with the original down payment amount. If they are willing to do that, and you refuse that, by the terms of the contract they can keep the down payment. If they are now requiring the $7000.00 amount to close the deal, they have breached the original contract by way of their "bait and switch" on the down payment. You would then be entitled to go to small claims court and request your $1,000.00 be returned to you.Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to rate "Poor Service" or "Bad Service", please stop and reply to me via the REPLY TO EXPERT button with the issue you have. I am not paid unless I get a rating of 3 to 5 Stars/Smiley Faces. If I have helped you with your question, please give me an appropriate rating so that I get credit for helping you. Thank you, Nate
Over 8 years of legal practice.
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