I'm glad the majority of you have had a good buying experience with your dream car; mine has been less so. Can you attorney types lend me your ear and give me some advice on my next move?

I ordered my 08 Turbo from Porsche of Lexington (Kentucky). It gets in and had the front bumper damaged. They send it off to the body shop for repair. Based on the advice of fellow 6 speeders and multiple other Porsche dealerships, I asked for some gesture price adjustment. They refused and ended up selling the car to someone else. Which is fine with me, however, they've kept my $5,000 deposit and refused to return it! I've tried contacting them through e-mail, left phone messages, and sent certified mail. Nothing. This is nothing less than thievery and it's hard to believe that a major Porsche dealership thinks it can get away with (felony?) theft.

What should I do?

In advance, thanks for your help.

 

Talk to a local lawyer. He'll probably solve you problem with just a letter. You may also want to contact Porsche of North America.

 

What RAY said. A local attorney with a letter or even a call to PNA with your proof and it will get resolved. They can't keep what they didn't deliver. But do make sure PNA knows about this dealership. We don't need dealerships like that existing.

How did you pay? If via Credit Card then have them credit you 5K and let them resolve it.

Good luck.

 

Why phone, email and certified letter - just show up at the dealer and get your deposit back. What does your deposit agreement say about refund?

 

One of the best things to do is post their name on the boards. Great advertising.

 

What I'm wondering is why they even accepted delivery of a damaged car? All new deliveries are to be inspected by the Sales Manager so as to avoid those situations.

 

It all depends on what is in your purchase agreement. It doesn't matter what anyone said to you verbally. It all comes down to what you were given in writing. Read it over carefully. Then have a local attorney familiar with contract law (particularly interpretation of such clauses in your jurisdiction) take a look at it. Any good lawyer will do the initial consunt for free. The clause should be clear on the refundability of deposits. There has to be a very detailed clause that covers this and says when you are entitled to a refund and when you are not. These types of cases are legion so the dealership would most likely have protected itself. They wouldn't keep your money if they didn't feel like they had solid legal ground for doing so. I am sure this isn't their first rodeo on this.

Most likely, if you can find the relevant language in the agreement yourself and it can reasonably provide you with a basis for a refund, they will issue it once you point it out to them. Also, be sure to discuss this only with someone at the dealership that has the authority to make decisions on the matter, e.g., a manager of some sort. Don't waste your time with salesmen or other underlings. Don't be afraid of the initial confrontation. They count on you being timid and backing off. Show up and demand to speak to the general manager or his immediate assistant. Have the agreement with you and the relevant language you intend to hang your hat on highlighted for them to see. Then stand your ground.

At the same time, if the langauge favors the dealership, don't try to push a square peg in a round hole. It will just cost your more time and money than it is worth. You will have to just chalk it up to experience and then never use that dealer again.

I don't really see this as a criminal matter. The District Attorney in your jurisdiction would make that decision anyway. You can bring it to his/her attention though - that never hurts.

Find the relevant language in your purchase/deposit agreement and post it here if you want. But remember, nobody in here is your lawyer and you lose confidentiality by doing so.

Good luck.

 

+1. However, if the letter does not solve the problem, you'll spend more $$$ and aggravation chasing the $5,000 than its worth. In the end, I would chalk it up to a lesson learned (in terms of documenting the refundability of your deposit) and never return to that dealership.

 

I understand that laws vary from state to state but I would think the one that would be almost the same in all states is the deposit refund. I know here they cannot take your deposit even if you sign a contract for a special color and you don't end up taking it. It is up to the GM to allow for that color to be specced and to know his customer. I spoke to my GM on several occasions about all of that stuff and other chit chat and he said he takes the risk and has to take the loss if the customer backs out. The deposit has to be refunded since there is no delivery of the vehicle.

If the dealership sold from you and you had first right of refusal since it was your car then they make the choice to end the contract. Did you give up the car? Obviously you allowed them to sell it and not make a stink about it initially until you found out they would refund your money.

Good luck.

 

I signed no agreement, therefore, there is no paperwork to refer to. I paid them $5,000 split between a personal check and a credit card.

The key point here in my opinion is that the car was damaged. I didn't back out because I didn't like the color or my finances changed. Sorry, I don't buy into the theory that people who buy Porsches should expect shoddy treatment, because the cars are hard to come by. If one went to pick up a Caddy or Benz and was told the car had been in a body shop, the average guy would either not take delivery or expect the dealership to make mutually agreeable amends.

In no way am I going to walk away from this. That would send the message that Porsche buyers have more money than guts or brains.

 

Walk away?!?!?!?! Are you nuts? I almost got arrested last fall over someone trying to do me for $300! i'd be crazy over the 5k!!

Definitely call the police, however, my experience is that if it's not a dead body or a speedtrap, you won't pull them away from their donuts. Definitely engage a local lawyer to write a letter. Cancel half the charge through your credit card now.

 

The Department of Motor vehicles ovesees car dealers in most states. I would call them ASAP. In California, they kick ***. Dealers are terrified of their investigators. They can take away a salesmans license and padlock a dealership in a heartbeat.

Im sure they can get your money back.

 

No written agreement may actually help you. You can now sue them in equity and claim that they have your money when they don't deserve it. They will likely claim that they lost more than the $5K they got from you on the resale, administrative fees and other BS. They will claim this as an offset.

I am not big on fighting things out on principle. It usually costs more than it's worth and you never send the message you hope to. You really are not going to change anyone's attitude or mode of operation just because you force them to return your deposit.

Living well is always the best revenge. If this takes enough of your time, money and energy away from doing things you enjoy, then they win whether you get your deposit back or not.

Just something to think about.

 

Sue em. And post your story in all the forums so we all know that Porsche of Lexington KY is not the place to buy a car.

 

No written agreement? Didn't they give you some sort of receipt or didn't they write-up an order showing a deposit - there has to be paper somewhere.