My wife and I went car shopping last week. We went to Philips Auto. She was interested in a new SUV, and test drove one. We came to an agreement on a price, but the only thing we did not like was the color of the car. The salesman told us that he was going to check other dealerships to see if they could find one that was not silver. They called a few dealerships and said that they couldn't find one yet but they would let us know by 8:00 that night or first thing the next morning. The salesman told us we needed to make a deposit of $5000. I specifically asked him that if we didn't like or want the car that they got from another dealership at that point, what would happen, and he said they would refund our deposit. I paid him with my debit card and he said he would call us.
By 11:00 the next morning, we had not heard anything from them. I called the dealership and asked for the salesman and they told us he had the day off. I told them that we were supposed to recieve a call from them about our car, and they said that they would have someone call me. I picked my wife up at work and she was disappointed that they had not called. We were driving by another dealership in South Portland called Dealer B, and we pulled in. They had the car that we wanted there. While we were at Philips Auto, the saleswoman Theresa called me and said they found a car and that "our payment was going to go down significantly because it doesn't have all those accessories." To make a long story short, we ended up buying the car from Another dealer because the car at Philips Auto was not what we wanted. I called the salesman and let him know and told him I wanted by deposit back. He said I could come in and get it back. Lies lairs and lying.
I just went to Dealer A to get the deposit back and was told that they will not give it to me. I have a reciept for the deposit and no where on it does it say it is non refundable. The sales manager was really rude and unprofessional, and then the owner came out and told me flat out that I was not going to get a dime of my money back and called me a liar.
It was my fault for giving them the deposit in the first place, but I want to know if I have legal legs to stand on to bring this to small claims court or to show the owner to get him to give me my money back.
Thanks for the help in advance.