Dealer won't return my deposit...

heavystarch · 05-05-2016, 11:14 AM

So I put down $2,000 back in Oct/Nov of 2015 on an M2 here in Utah. I was told I was given a spot in line and I was very excited (Maybe a little pissed when I saw everyone else was putting down $1,000 deposits around the country). I'd been wanting an M car for a long time and this was the right car for me...(at least I had imagined it was after driving an M235i and reading more articles than is healthy)

I was also reminded in an email that once the allocation was set for my car that my deposit would be non-refundable. I foolishly presumed that inferred I would need to come down and sign paper work to finalize the deal down the road.

Well when I learned lease deals for the M2 were going to be $850/month I changed my mind. I didn't anticipate that it would cost me more than an M3. Yes we can rag on me for being naive or that I should just buy the car etc. That's another thread.

So I contacted the dealer and said I'd like to hold off on the M2 for now until lease rates get closer to what my original budget was.

I asked for my deposit and was kindly reminded that I was told in an email that my deposit was non refundable now because they contacted me about my allocation slot being ready.

Since I have never signed any sales/lease contract this feels unethical and completely dishonest.

If I had known back in 2015 when I gave them $2,000 that the lease rates were going to exceed an M3, I never would have given them my money.

Why do they get to keep my $2,000 and I get nothing in return?

I've asked the sales person multiple times to simply write a check and return my deposit. However I am reminded again that they sent me an email telling me the allocation for me was ready. I've emailed the sales manager and he hasn't responded in over a week. The sales person hasn't responded at this point either. I've indicated that I'm not trying to be salty or rude but that I'd like my deposit back now that I know the lease terms are beyond my expectations. I've also indicated that small claims court will be an option but I'd rather avoid that if at all possible.

Any advice on how to proceed and avoid small claims court?

iamlong · 05-05-2016, 11:19 AM

Sell me your deposit? I'll take the allocation. Pm'ed.

3tekcorps · 05-05-2016, 11:26 AM

Quote:

Originally Posted by heavystarch

So I put down $2,000 back in Oct/Nov of 2015 on an M2 here in Utah. I was told I was given a spot in line and I was very excited (Maybe a little pissed when I saw everyone else was putting down $1,000 deposits around the country). I'd been wanting an M car for a long time and this was the right car for me...(at least I had imagined it was after driving an M235i and reading more articles than is healthy)

I was also reminded in an email that once the allocation was set for my car that my deposit would be non-refundable. I foolishly presumed that inferred I would need to come down and sign paper work to finalize the deal down the road.

Well when I learned lease deals for the M2 were going to be $850/month I changed my mind. I didn't anticipate that it would cost me more than an M3. Yes we can rag on me for being naive or that I should just buy the car etc. That's another thread.

So I contacted the dealer and said I'd like to hold off on the M2 for now until lease rates get closer to what my original budget was.

I asked for my deposit and was kindly reminded that I was told in an email that my deposit was non refundable now because they contacted me about my allocation slot being ready.

Since I have never signed any sales/lease contract this feels unethical and completely dishonest.

If I had known back in 2015 when I gave them $2,000 that the lease rates were going to exceed an M3, I never would have given them my money.

Why do they get to keep my $2,000 and I get nothing in return?

I've asked the sales person multiple times to simply write a check and return my deposit. However I am reminded again that they sent me an email telling me the allocation for me was ready. I've emailed the sales manager and he hasn't responded in over a week. The sales person hasn't responded at this point either. I've indicated that I'm not trying to be salty or rude but that I'd like my deposit back now that I know the lease terms are beyond my expectations. I've also indicated that small claims court will be an option but I'd rather avoid that if at all possible.

Any advice on how to proceed and avoid small claims court?

Just tell them you're selling the allocation spot and need to confirm how this can be done so the new buyer gets the credit. If you purchased something tangible, you should be able to sell it. Looks like you have a buyer already.

I don't know why they would be dicks when they can sell the car in 2 minutes and are out nothing really.

japanaltaf · 05-05-2016, 11:40 AM

I'll happily take over your allocation as well if, for some reason, iamlong ends up not taking it. Thanks!

gtaM2 · 05-05-2016, 11:52 AM

Quote:

Originally Posted by japanaltaf

I'll happily take over your allocation as well if, for some reason, iamlong ends up not taking it. Thanks!

"iamlong" might be a dick... so he may pull out

heavystarch · 05-05-2016, 11:59 AM

Sounds like a plan! I will email the service agent to ask about selling my allocation slot. Thanks for the help!

BEM-S4 · 05-05-2016, 12:13 PM

Quote:

Originally Posted by heavystarch

Sounds like a plan! I will email the service agent to ask about selling my allocation slot. Thanks for the help!

Did you put it on your Amex? And does your paperwork say refundable deposit? I'd just have Amex fight with them about it they're great at that sort of thing. I always use them for anything that could be a hassle purchase or return.

///M² · 05-05-2016, 12:38 PM

Quote:

Originally Posted by gtaM2

"iamlong" might be a dick... so he may pull out

Bluenose-2er · 05-05-2016, 02:34 PM

If they continue to be dicks, and say the allocation is non-transferable, you could keep the allocation and then simply have whomever wants to buy it from you go in when the sales contract needs to be signed and take over when things are being put into writing. Tell them you were acting as an agent for the buyer.

Alternately, just keep the allocation until the last minute to see what opportunity might come up before you have to sign a contract - since they are keeping your deposit anyway.

If you say 'OK, I am keeping my allocation since the deposit is non-refundable', and they have already given the allocation to someone else (highly likely), they would have to pay your deposit back since they cannot give you the allocation.

Twix · 05-05-2016, 02:51 PM

I'm absolutely shocked at both the number of consumers who fall for non-refundable deposits and despicable pieces of human garbage offering them. Be smart, guys, stop falling for this kind of crap.

Hopefully you get this all resolved OP.

CosmosMpower · 05-05-2016, 03:51 PM

Tell them you are contacting your attorney and it should be cleared up quickly.

heavystarch · 05-05-2016, 03:57 PM

Thank you guys for the advice. I will keep you posted. Hopefully they see me as a potential future customer. It is really souring their reputation for me. They sat on my $2,000 for 7 months. I feel it's just common courtesy to allow me final time to make the decision.

BEM-S4 · 05-05-2016, 03:58 PM

Quote:

Originally Posted by CosmosMpower

Tell them you are contacting your attorney and it should be cleared up quickly.

No it won't - just being honest. They'll quickly realize you're not going to pay your lawyer to chase $2k.

Bluenose-2er · 05-05-2016, 04:03 PM

Quote:

Originally Posted by BEM-S4

No it won't - just being honest. They'll quickly realize you're not going to pay your lawyer to chase $2k.

Unfortunately, I would agree.

Push them for specific performance (giving you your allocation back) and see if they fold because they can't do that.

PackPride85 · 05-05-2016, 04:14 PM

You need to hammer them with bad PR. Leave a comment on their FB page, Yelp. etc....Contact your local news station as they usually like to feature stories like this.

gmzanatta · 05-05-2016, 04:43 PM

I put down a $5,000 non-refundable deposit on my M2 but with one GIANT caveat that I added in the contract - the deposit only becomes non-refundable the moment I get my VIN.

For next time, make sure to cover yourself with as many outs as possible, because I guarantee you BMW does the same.

I agree with the rest of the group - either try to sell or keep your allocation until the last minute. Alternatively, you can always buy the car instead of leasing - no sense in leasing an M2 right now.

BEM-S4 · 05-05-2016, 04:56 PM

Quote:

Originally Posted by Bluenose-1er

Quote:

Originally Posted by BEM-S4

No it won't - just being honest. They'll quickly realize you're not going to pay your lawyer to chase $2k.

Unfortunately, I would agree.

Push them for specific performance (giving you your allocation back) and see if they fold because they can't do that.

Best bet call BMW NA if you feel you've been treated unfairly. If you made a deal you don't like that's a different story and on you. But if you're fairly asking for your money back if you get them involved they can swing a much bigger stick than you can and take that sort of thing very seriously.

Transfer · 05-05-2016, 11:22 PM

Is there any legal recourse that allows them to keep your deposit? It might vary by state, but I'm pretty sure here in WA you can get it back anytime unless you've signed papers to take delivery. Sure you'll piss off the dealership and they'll refuse your business in the future if you go that far, but I think the consumer has the rights in WA.

M235iguy · 05-05-2016, 11:48 PM

let me guess...BMW of Murray

pruettfan · 05-05-2016, 11:53 PM

As others have said selling the spot is the best way to go. You can fight for the return of the deposit but they probably have you on that given the language but the language also establishes you own the spot so just sell it to one of the guys or gals here and you will make someone very happy and get your money back.

2M · 05-06-2016, 02:13 AM

Im sure you are exaggerating your problem, theres a bunch of people who would happily take over your allocation even locally

heavystarch · 05-08-2016, 01:41 PM

Quote:

Originally Posted by 2M

Im sure you are exaggerating your problem, theres a bunch of people who would happily take over your allocation even locally

Not sure how I'm exaggerating.
I gave them $2,000 in Oct/Nov of 2015.

No contracts signed. (My mistake for not getting something in writing that protected me better).

Waited months.

Found out BMW US lease terms were not what I expected. (I thought monthly payment would split the difference between an M235i and M3)

Asked for my deposit to be returned.

Dealer refused.

05-05-2016, 11:14 AM	#1
heavystarch one day... 49 Rep 134 Posts Drives: Golf R tornado red Join Date: Apr 2008 Location: Utah iTrader: (0)	Dealer won't return my deposit... So I put down $2,000 back in Oct/Nov of 2015 on an M2 here in Utah. I was told I was given a spot in line and I was very excited (Maybe a little pissed when I saw everyone else was putting down $1,000 deposits around the country). I'd been wanting an M car for a long time and this was the right car for me...(at least I had imagined it was after driving an M235i and reading more articles than is healthy) I was also reminded in an email that once the allocation was set for my car that my deposit would be non-refundable. I foolishly presumed that inferred I would need to come down and sign paper work to finalize the deal down the road. Well when I learned lease deals for the M2 were going to be $850/month I changed my mind. I didn't anticipate that it would cost me more than an M3. Yes we can rag on me for being naive or that I should just buy the car etc. That's another thread. So I contacted the dealer and said I'd like to hold off on the M2 for now until lease rates get closer to what my original budget was. I asked for my deposit and was kindly reminded that I was told in an email that my deposit was non refundable now because they contacted me about my allocation slot being ready. Since I have never signed any sales/lease contract this feels unethical and completely dishonest. If I had known back in 2015 when I gave them $2,000 that the lease rates were going to exceed an M3, I never would have given them my money. Why do they get to keep my $2,000 and I get nothing in return? I've asked the sales person multiple times to simply write a check and return my deposit. However I am reminded again that they sent me an email telling me the allocation for me was ready. I've emailed the sales manager and he hasn't responded in over a week. The sales person hasn't responded at this point either. I've indicated that I'm not trying to be salty or rude but that I'd like my deposit back now that I know the lease terms are beyond my expectations. I've also indicated that small claims court will be an option but I'd rather avoid that if at all possible. Any advice on how to proceed and avoid small claims court?
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05-05-2016, 11:19 AM	#2
iamlong Enlisted Member 22 Rep 41 Posts Drives: 2009 M3 Sedan Join Date: Jan 2014 Location: San Jose iTrader: (0)	Sell me your deposit? I'll take the allocation. Pm'ed.
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05-05-2016, 11:40 AM	#4
japanaltaf Private 25 Rep 68 Posts Drives: 2019 AW X3 M40i Join Date: Apr 2016 Location: Orange County, CA iTrader: (0)	I'll happily take over your allocation as well if, for some reason, iamlong ends up not taking it. Thanks!
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05-05-2016, 11:59 AM	#6
heavystarch one day... 49 Rep 134 Posts Drives: Golf R tornado red Join Date: Apr 2008 Location: Utah iTrader: (0)	Sounds like a plan! I will email the service agent to ask about selling my allocation slot. Thanks for the help!
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05-05-2016, 02:34 PM	#9
Bluenose-2er Captain 575 Rep 790 Posts Drives: 2017 LBB 6MT M2 Join Date: May 2013 Location: Halifax iTrader: (0)	If they continue to be dicks, and say the allocation is non-transferable, you could keep the allocation and then simply have whomever wants to buy it from you go in when the sales contract needs to be signed and take over when things are being put into writing. Tell them you were acting as an agent for the buyer. Alternately, just keep the allocation until the last minute to see what opportunity might come up before you have to sign a contract - since they are keeping your deposit anyway. If you say 'OK, I am keeping my allocation since the deposit is non-refundable', and they have already given the allocation to someone else (highly likely), they would have to pay your deposit back since they cannot give you the allocation.
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05-05-2016, 02:51 PM	#10
Twix Lieutenant Colonel 657 Rep 1,922 Posts Drives: 2011 e91 Join Date: Jan 2013 Location: Calgary, AB, Canada iTrader: (0) Garage List 2011 BMW 328i xDriv ... [0.00] 2002 Land Rover Dis ... [0.00]	I'm absolutely shocked at both the number of consumers who fall for non-refundable deposits and despicable pieces of human garbage offering them. Be smart, guys, stop falling for this kind of crap. Hopefully you get this all resolved OP. __________________ 2011 E91 2016 M2 - Sold 2014 X1 - Sold 2002 Land Rover Discovery II - 3" lift & 33s
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05-05-2016, 03:51 PM	#11
CosmosMpower Brigadier General 2051 Rep 3,714 Posts Drives: F87c, GT3, MK7 GTI Join Date: Apr 2011 Location: Frisco, TX iTrader: (1)	Tell them you are contacting your attorney and it should be cleared up quickly.
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05-05-2016, 03:57 PM	#12
heavystarch one day... 49 Rep 134 Posts Drives: Golf R tornado red Join Date: Apr 2008 Location: Utah iTrader: (0)	Thank you guys for the advice. I will keep you posted. Hopefully they see me as a potential future customer. It is really souring their reputation for me. They sat on my $2,000 for 7 months. I feel it's just common courtesy to allow me final time to make the decision.
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05-05-2016, 04:14 PM	#15
PackPride85 Lieutenant Colonel 1120 Rep 1,644 Posts Drives: M2 Join Date: Sep 2014 Location: NC iTrader: (0)	You need to hammer them with bad PR. Leave a comment on their FB page, Yelp. etc....Contact your local news station as they usually like to feature stories like this.
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05-05-2016, 04:43 PM	#16
gmzanatta Colonel 1823 Rep 2,948 Posts Drives: LBB 6MT M2 # 660/713 Join Date: Feb 2016 Location: NB iTrader: (0)	I put down a $5,000 non-refundable deposit on my M2 but with one GIANT caveat that I added in the contract - the deposit only becomes non-refundable the moment I get my VIN. For next time, make sure to cover yourself with as many outs as possible, because I guarantee you BMW does the same. I agree with the rest of the group - either try to sell or keep your allocation until the last minute. Alternatively, you can always buy the car instead of leasing - no sense in leasing an M2 right now.
	Appreciate 1 Quote

05-05-2016, 11:22 PM	#18
Transfer Major General 5254 Rep 5,874 Posts Drives: Bronco Wildtrak, Tesla MYP Join Date: Mar 2010 Location: Issaquah, WA iTrader: (1)	Is there any legal recourse that allows them to keep your deposit? It might vary by state, but I'm pretty sure here in WA you can get it back anytime unless you've signed papers to take delivery. Sure you'll piss off the dealership and they'll refuse your business in the future if you go that far, but I think the consumer has the rights in WA.
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05-05-2016, 11:48 PM	#19
M235iguy Lieutenant 168 Rep 439 Posts Drives: 2016 M235ix Join Date: Aug 2014 Location: Salt Lake City, Utah iTrader: (2)	let me guess...BMW of Murray __________________ 2016 ///M235ix \| MP Grilles \| MP Pedals \| Gloss Black M235i Badge \| Dinan CAI \| Dinan tune \| Dinmann CF Diffuser \| MP CF Spoiler \| CF mirrors \| M2 CF interior \| M2 Steering wheel
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05-05-2016, 11:53 PM	#20
pruettfan Brigadier General 1622 Rep 3,402 Posts Drives: 2017 M2, LBB, DCT, Exec Join Date: Jul 2009 Location: Chandler, AZ iTrader: (0)	As others have said selling the spot is the best way to go. You can fight for the return of the deposit but they probably have you on that given the language but the language also establishes you own the spot so just sell it to one of the guys or gals here and you will make someone very happy and get your money back.
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05-06-2016, 02:13 AM	#21
2M Colonel 503 Rep 2,200 Posts Drives: Mineral Grey M2 Join Date: Sep 2009 Location: New York iTrader: (2)	Im sure you are exaggerating your problem, theres a bunch of people who would happily take over your allocation even locally __________________ E9X Picture Game: 8 points: (High visibility jacket; Strip Club; Pizzeria; Sobriety Test; E9x dressed for Halloween, Billiards, Oil Change, Orange Cone)
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