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Discussion Starter · #1 ·
Okay gang, here's the scoop...

I place an order for my Sol on the Apprentice day and didn't get first 1,000. I was first on dealer's first allocation.

Anyway, been anxiously waiting as everyone else has and have decided to cancel my order for the reason that by the time I finally get my car, it'll be November or even December at which point the car will sit in a garage for 7 months (I live in Chicago).

So I figured I'd hold off on paying a large down payment and making 7 months worth of car payments and insurance payments just to have a nice car parked in a garage. See what I'm saying?

And I figured that there might be less quality issues by next year anyway, and I might even find interest in the GXP version.

My Sol is currently only in the 3100 stage of production. So awhile to go.

My quesion is that my dealer says that he can't refund my deposit until he gets the car and re-sells it minus any dealer selling costs.

Is this correct? I don't mind the idea of holding my deposit but am I responsible for dealer selling costs?

Is the order cancel-able by the dealer as of this point?

Am I responsible for selling costs?

What is the "real" truth?

I'm still excited about and love this car, I just don't want to "rent" one to keep in my garage all winter.

Thanks for any/all help...
 

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Every dealer has his way of doing this transaction,this sounds like a vindictive ploy to make a few dollars on you. :devil: I would check with the BBB on this policy and see if he has a rap sheet with BBB. :cool:
 

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I'll take first shot at answering, well I was first when I started typing. It will depend on the state laws and the terms of any purchase agreement/buyer's contract-order you signed.

What your dealership is saying appears to be the same on a Massachusetts purchase contract.


In the event I fail to take delivery of the vehicle purchased by me within fourty-eight (48) hours after I have been notified by you that it si ready for delivery and pay the contract price in the manner indicated, my deposit in the amount of $------ may, at your option, be retained by you to compensate you in whole or in part for any loss sustained by you. Your right to retain my deposit shall be in addition to and not instead of any other right or remedy provided by applicable law including, without limiting the generality of the foregoing, the sale of the car or truck I agree to purchase. If the amount of my deposit exceeds actual damages sustained by you, you will promptly refund the difference to me.

So until the car comes in, you can not "not take delivery", which frees up the car for sale, so the dealer can determine possible "losses".

See it the wording is simular on anything you signed.




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Discussion Starter · #4 ·
SD,

But the verbiage you mention above, would seem to apply that the transaction is imminent and the car is within 48 hours of delivery. Which it most definitely is not.

Also, aren't dealer selling costs inherent in the sale of any car? So if he sells the car to another person, doesn't that person technically pay the "seller costs"?

Also, any idea on my other part of the question? Can he technically "cancel" my order as of this point?

Thanks everyone...
 

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Ajazi said:
But the verbiage you mention above, would seem to apply that the transaction is imminent and the car is within 48 hours of delivery. Which it most definitely is not.

Also, aren't dealer selling costs inherent in the sale of any car? So if he sells the car to another person, doesn't that person technically pay the "seller costs"?

Also, any idea on my other part of the question? Can he technically "cancel" my order as of this point?
In the context of the entire terms of the purchase agrement, (which also covers specific issues with factory ordering), this deposit language works for imminent and ordered cars. Nothing happens until the "buyer" is notified the car is ready.

I was just trying to impress apon you the need to check your states' laws and your paperwork by offering an example of another states.

As far as your "selling costs" question. That could refer to any costs the dealership incurs that they would not have if the original "buyer" had completed the transaction. Additional cost of floor plan interest and insurance until the car is sold, possible specific advertising costs, maybe even a different sales commission percentage, or more, all could be "selling costs" for the dealership.

On your cancellation question, that also depends on your state and paperwork. Massachusetts (again), dosen't have a cancellation policy on the paperwork. Once signed it is binding until the 48 hours go by.



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Strange as I see it is that this car is one from the dealer's regular allocation, one he would have ordered anyway, maybe just not as configured. If he had any sense he would certainly immediately refund your money to keep you happy and to ensure future business with you. If he has a waiting list he can always move somebody up, and if he has been paying attention then he would be aware of the great interest in this car. Also this allocation car can be sold to anyone, no restrictions on employe, supplier, etc. If you had ordered the last Aztek built then yes, even I would hold your money until the car was sold.
 

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achieftain said:
If he had any sense he would certainly immediately refund your money to keep you happy.....QUOTE]

With out a doubt. But there may be another angle, consistency. A policy that is applied without consistency can be attacked. If this is the way the dealership handles all deposits, even those that make sense to quickly refund, then they are better prepared to keep the Aztek deposit.




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Small Dealer said:
achieftain said:
If he had any sense he would certainly immediately refund your money to keep you happy.....QUOTE]

With out a doubt. But there may be another angle, consistency. A policy that is applied without consistency can be attacked. If this is the way the dealership handles all deposits, even those that make sense to quickly refund, then they are better prepared to keep the Aztek deposit.


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Good point. I am so used to deqaling with dealers who paperclip the deposit check to the order and that's where it stays.
 

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Your dealer is a "Jack".....call the local dealers association and make a complaint about his business practices. He has an order for a "sold" car. It happens to be the hottest car in north america. You may not want it but 299 other people do. He should thank you and even PAY you (which will never happen) just for helping him out in his allocation.
 

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achieftain said:
Small Dealer said:
Good point. I am so used to deqaling with dealers who paperclip the deposit check to the order and that's where it stays.
My agreement has the exact same language that S.D. quotes (I also happen to be in a neighboring state). I know my salesmanager well and trust him implicitly. He insisted on a small deposit ($200) in case something changed (increase in MSRP that could be passed along if I changed my order etc.) so that if I wanted to cancel and it took time I wouldn't tie up much money during a refund process. Sounds like his place may have a policy that he doesn't want to mess with.
 

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Discussion Starter · #12 ·
I appreciate everyone's input.

But I still wish I knew if anyone could tell me whether or not the dealer can technically cancel the order with Pontiac at this point...

Since it hasn't been built, etc.

If things do end up badly, then I will just buy the car and figure something out I guess.

I just don't want to have to have any ugly interaction.

Thanks everyone...
 

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I thought the deposit was fully refundable according to the EOP rules. I understand you are not a first 1000, but I believe you are part of the EOP - EARLY Order Program. Early being the key word. Am I wrong?
 

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Discussion Starter · #14 ·
I thought being in the first allocation was being a part of the EOP...

But I don't know for sure.

But if SmallDealer can clarify if orders that have not been produced are able to be cancelled, that would make all the rest of my dealer's worries moot.

SmallDealer?
 

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Ajazi said:
I thought being in the first allocation was being a part of the EOP...

But I don't know for sure.

But if SmallDealer can clarify if orders that have not been produced are able to be cancelled, that would make all the rest of my dealer's worries moot.
Sorry, in your first two posts it wasn't clear, at least to me, that you were asking if the dealership could cancel the order with Pontiac. Thought you were asking if you could cancel the order with the dealership.

No, once an order is "picked up" or preferenced (event code #2500) it can not be changed or cancelled.


The only "orders" to come out of the Early Order Program (EOP) are the 1000 First 1000 Exclusive Retail Order Solstices. Everyone else that participated in the program was wait listed. The wait listed people were then switched to regular allocation orders. So regular allocation orders are not EOP orders.

Again, the EOP program uses the word "should" as far as refunding of deposits. But it doesn't override any state law or regulation on deposits.

Continues to make me glad that we don't take deposits.


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Take a close look at the sales contract you signed. I know that when I ordered my Solstice at NJ dealership, the pre-printed sales contract had a statement that the deposit was non-refundable in part of the standard agreement.

Since I was trying to get into the EOP at the time, I had the Sales Manager add a special notation to the contract that my deposit would be refundable if I declined delivery of the car. If you did not take similar actions, and you signed a sales contract that states your deposit would be non-refundable, you may be out of luck.
 

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If your dealer is taking a hard stand on not returning your deposit, you may be able to convince him to hold your deposit and apply it to a future purchase, perhaps the GXP Solstice next year.

The dealer shouldn't have any trouble selling the car to another customer, or you could even offer your slot to a forum member who is hoping to get a car sooner. If you walk into the dealership with another customer ready to take delivery under the exact same terms you agreed to, I can't see the dealer incurring too many additional "dealer seller costs".
 

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Discussion Starter · #18 ·
Thanks gang...

Yea, I didn't have any problem with him holding my deposit, it is only $100!

: )

I only had a problem with the idea of covering his selling costs.

This confused me.

To me, I would imagine that any "selling costs" a dealer incurs is recouped in the sale of a vehicle. The profit margin that is made. And since the Sol is being sold for List or higher in some cases, the "selling cost" will MORE than be recouped by the dealer by whomever buys it.

So I didn't understand why my dealer would insist on making back his selling costs TWICE on the same car. Once from me and once from the new buyer.

See what I'm saying?
 

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Forget your compaint about the dealer

Forget the dealer. Buy the car, and do not drive it anywhere other than home to your garage and offer it up for sale with a $4000 to $5000 bumper, and you will get it. Offer it in the local AutoTrader, or on line. Why let that dealer make the extra money off your deposit. Go for it. ;)
 
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