[kristin96]

I ordered a Prius last October and am still waiting for it. I signed all the paperwork and gave them a $500 deposit. I just found out that it came in in January/February and was sold to someone else, and they have been lying to me all along. Has this happened to anyone else? Is a deposit/contract binding for the dealer? Thanks,

Kristin

 

[bradca21]

I would ASSUME that if you have not taken delivery of a Prius you are still entitled to the deposit back.
Not for sure though...
Anyone?

 

[kristin96]

They offered me my deposit back, but if I take it to another dealer, I'd have to wait another 6 months.

 

[lasrx]

You could always tell them that you deserve the car since you've been waiting so long. I believe the contract is a "offer to buy" contract, not a binding contract where you are contractually locked in to buy the car, and they are to deliver(you could walk away, they could walk away). The whole deposit thing is to keep serious buyers only on the waiting lists. Imagine how long the list would be if there was no deposit. Maybe they'll let you put dibs on the next one that comes in. Other than working with them all you can do is get your money back and wait in a new line.

 

[Victor]

I ordered a Prius last October and am still waiting for it. I signed all the paperwork and gave them a $500 deposit. I just found out that it came in in January/February and was sold to someone else, and they have been lying to me all along. Has this happened to anyone else? Is a deposit/contract binding for the dealer? Thanks,

Kristin

You should complain to Toyota head office in US and Japan. This is unfair trading and the Toyota dealership should have there dealership terminated. If there is one in the USA, a complaint to the Office of fair trading would also be worth while.

In the mean time, tell your dealer you expect to have the next car that meets your ordered spec. If they dont comply, charge them interest on your deposit at market rates + 1% :twisted:

 

[owensld]

If you don't mind my asking, which dealer was it?[/quote]

 

[kristin96]

It was Toyota on Western at 67th/Western.

 

[richard schumacher]

The deposit means whatever it was defined to mean in the accompanying written contract. (Verbal contracts exist but good luck trying to rely on one.) Review your contract and try to work something out with the dealer; if you don't come to an agreement, have your attorney review the contract and advise you.

If you don't have a written agreement, you can wait and see whether the dealer performs, or ask for your deposit back, or (if you paid the deposit with a credit card) contest the payment with the credit card company. That should get the dealer's attention if nothing else does.

 

[Jeffand]

What mostlikely happened is that some offered a lot more money over the sticker price. So that the customer would get his car sooner. Did you sign any paperwork, and give them money? If you did it is called a contract. And it is binding in most states. Was thier a delivery date stated on the contract? If so they will of missed the delivery date. And can be in breach of contract if they fail to deliver the car. Now if they do not receive the car because of Toyota, it's not thier fault. In your case because they sold the car out from under you they may be considered in breach of contract.

Make sure that they did actually sell the car to some one else.

Contact Toyota and see if it was your order that they sold.
A giveaway would be if you receaved a second prius key chain in the mail.
I got mine about 35 days after my order was placed.
Toyota can place a lot of pressure on the dealership. If this fails.

:twisted: I would next report them to the Better Business Bureau for starters.

Next would be to talk to any local automotive delealership sellers organization. They may have a sticker in window at the dealership showing what organization they do belong too. Oh expect a phone call from the dealership with in seven days after doing one or both of these things. You should notice a tone of concern in the sound of thier voice when they do call.

:roll: The last choice would to contact a lawer to see if thier is any legal pressure you could apply to the dealership. This is a last resort. The only way to even consider this rout would be to be able to prove it in court. If you have something writing that will hold up in court. Before you go down this path calculate the cost, and the chances of winning. It may not be worth-it.

 

[lasrx]

Just a thought, if you decide to call a lawyer think hard about it first. It can definately sour your relationship with the dealer. Probably wouldn't be a good idea to go back to them for servicing afterward.