Please keep us all up on this. When I made my mind up to purchase an 08' TTCab, I submitted deposits to four dealerships. I wasn't sure who would receive the first allocation. I used a credit card and made sure that the receipt stated that the deposit was refundable. When I officially ordered the car, the three dealerships refunded my deposits.

 

Why not dispute the credit card charge and let the credit card company fight it out for you? Without a written agreement and the dealership's failure to deliver a product to you, they will likely just reverse the charges.

If after talking with the GM, they still refuse to refund your remaining $2500 deposit, you might consider small claims court. Finally, as suggested, contact your DMV.

In the end, you may have to walk away rather than going to court but there are lots things you can do between now and that point that will likely get all of your money back.

 

For them to keep the $5k is unjust enrichment. I think you have a very strong case if it comes to anything

 

Since you paid part of the deposit with your credit card, contact your credit card company and tell them that you are disputing the charge. They will ask you to fill out some paperwork and then the ball is in the dealer's hands. Most likely the dealer will refund your credit card charge because if they don't they will face a dreaded CHARGEBACK which will hurt their standing with their credit card processor. If things get heated when talking with your credit card company or the dealer be sure to use the word CHARGEBACK a lot because this will strike fear in their hearts.

 

If it was on a Credit Card this is a no brainer. The Credit Card co will definitely refund your money. But that's why I always try to do transactions w/ a Credit Card vs. a check etc.

 

I start by echoing the post “Barrister” put up first: “I am not your attorney, nor is anyone on these boards, so consult with one before using any of my/these suggestions”.
You didn’t say how long ago you contracted with them to buy the car/leave your deposit monies.
Seems a dealer would have told you why they sold the car to someone else when you have a deposit and contract for a car.
The dealer won’t respond to your calls, letters and e-mails.
I hate to say it this way ... but you’re leaving a LOT of information and/or story-line out of the presentation! ! ! It’s pretty safe to assume there’s been “something” done/not done on your part for them to feel they can ignore you completely, even if it is just their perspective. Although it makes for dramatic reading, it really doesn’t mean much in the bigger scheme of things, as you still have significant rights if you’re inside the 6 month window since you’ve left deposit.

For you to have any stable legal ground you best have records of everything you AND they have done in a timeline. You should stop by the dealership unannounced, with a friend first thing in the morning. Ask to speak with the General Manager and ask why you’ve not been refunded.
If you don’t get positive results, you can always go back to your credit card company and start the procedure for a “chargeback”. This is when you request your credit card company “reverse the charge” to the dealer for goods and services. Your argument is that goods and services were not provided as advertised and contracted. You must have all your documents handy to send/mail/fax them into your Credit Card Company. You have 6 months to do this from the time they charged your card. You’ll be able to prove you never received you car, and you should win that half – but I must tell you it’s a pain in the ****, and if you’re not diligent you’ll quickly loose.
Also hire an attorney who is familiar with Automobile issues and will take payment when he wins. It should be an easy win as it would seem you have the Fair Trade Act on your side and you’ve never received goods or services within a timely, acceptable manner. (I know it’s more complex than that, but this post already has my disclaimer in the first line.)
Good luck in your quest, please keep up updated.

 

I'm sure they feel they were greatly wronged by me not taking possession of the car. However, I've been nothing but civil and polite with them. I don't begrudge them in the least for selling the car (they ended up making more money off the guy who bought it, so they can't claim a loss). Good for them, just give me back what belongs to me.

I'll be honest and say my refusal of the car was not based on personal knowledge of car paint and body work but rather on the advice of several people and dealerships that should know. Porsche of Lexington just couldn't grasp (or admit) the thought that a car that's been to a body shop would be perceived as a potential liability, either because the paint re-do may not be as good as factory paint or a potential buyer in the future would expect a discount from me. In the end, I would have accepted any minimal gesture on their part and finished the deal.

Thanks for all your help, guys. You've had a lot of great ideas. I'll have my turbo one day soon, the stars permitting.

 

Look into Small Claims Court. In my state you could sue over $5K yourself. I did it twice, won both times.

Roy

 

Agree.
Also read every clause of the agreement .
Have your attorney confence call PCNA along with you .

 

Does anyone have a name and number of a higher up at Porsche Cars of North America with whom I could talk and file a grievance???

Thanks

 

wow... sorry to hear about this, but as I don't know the whole situation or both sides excuse me from passing judgement... Porsche of Lexington has always treated me top notch... I will tell you the local PCA board has been told wind of this...

 

+1
You can also contact your local news/tv station. They might have a division that investigates and reports outrageous situations. The bad publicity might help you resolve the case. In any case, good luck.

 

I am a GM of a dealership and I can tell you this. A dealer cannot hold a deposit for any products not delivered. I am willing to bet that the GM probably doesn't even know about your situation. Get yourself an attorney.

 

I don't expect anyone who doesn't know me to simply take my word for it; there should always be a healthy dose of skepticism when hearing stories like this. With mine particularly, I'd be thinking, "this guy must have done something." Yet, I can assure you that my sole transgression from their standpoint is my insistence that a partially re-painted Porsche doesn't equate to a new car with no history of auto-body shop visits. Again, I was uniformly pleasant with them at all times. I even went so far as to express regret to the salesman that he didn't get any commission after his GM sold the car to someone else (he wrote to say another salesman got the commission and was rubbing his face in it). Reflecting on this, the dealership made $2,400 more on the deal than had I bought it. Seems fair that they could have thrown a little the salesman's way, but apparently they treat their salesmen the way they treat some of their customers.

I'm sure Porsche of Lexington is nothing but pleasant when you walk in with no questions asked and hand them a large check. Any used car dealership in the third world would do that. The better measure of a dealership is their insistence on treating people decently and honestly. Hard to argue they're honest folk when I don't have a new Porsche in my garage and they have my $5,000 in their account 3 weeks after the scheduled delivery date.

 

GotBoost, can you tell me the name of someone at PCNA that I could speak to about this? I appreciate your insights.