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Alex Sector
I have a dealer that is being stubborn about returning a deposit. Does anyone have experience - perhaps citing a Utah law - when a dealer was reluctant to refund a deposit?

Long version - This is not for my Bronco that I have a deposit on. I bought a truck the same day someone abandoned their order. I was calling around looking for something and put a deposit on a dealer stock order. The next day, another dealer I spoke with called me back about an abandoned order. So I went with that. I have gone back and forth with these guys - mostly missing calls - for about a month. They are telling me deposits are non-refundable. I did not sign anything. Everything was done over the phone. If it is not resolved this week then I will call the credit card company and ask for a charge back.
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TheKim
TheKim
Ask for the paperwork stating that the deposit is non-refundable, with your signature on it. If they can't produce it, then they should be refunding the deposit.
If they don't, threaten the chargeback.
Alex Sector
Alex Sector
I found this - I think I am covered under (2). I will bring this up next time I talk to them.

Utah Admin. Code 152-11-10
B. It shall be a deceptive act or practice in connection with a consumer transaction when the consumer can provide reasonable proof of purchase from a supplier for the supplier to refuse to give refunds for:
(1) Used, damaged or defective products, unless they are clearly marked "as is" or with some other conspicuous disclaimer of any implied or express warranty, and also clearly marked that no refund will be given; or
(2) Non-used, non-damaged or non-defective products unless:
(a) Such non-refund, exchange or credit policy, including any applicable restocking fee, is clearly indicated by:
(i) a sign posted at the point of display, the point of sale, the store entrance;
(ii) adequate verbal or written disclosure if the transaction occurs through the mail, over the telephone, via facsimile machine, via e-mail, or over the Internet; or
(iii) a clear and conspicuous statement on the first or front page of any sales document or contract at the time of the sale.
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TheKim
TheKim
Curious what they'll say - ask first for the non-refundable deposit you agreed to.
Keep us in the loop, and don't forget to name and shame them.
Squatchit
Squatchit
God I hope it's not LHM super ford!
Alex Sector
Alex Sector
No. This is not a Ford dealer. They are supposed to call me back today, but nothing yet. My Bronco order is with LHM Draper though.
Alex Sector
Alex Sector
No, this is a Chevy dealer. I bought a Silverado... I looked at F-150/F-250 Tremors and F-150 Raptor first but I wasn't willing to pay the mark-up on dealer stock orders or wait an indefinite amount of time.
Alex Sector
Alex Sector
Yesterday morning I spent over ten minutes explaining how they are in violation of Utah Consumer Sales Practices Act Rule. It only took 4 requests over text and 6 requests over the phone, and they only decided to act when I brought this up. A senior manager called me late last night and said I would be getting my deposit back but he also wanted to hear the whole story. He said it was the salesman's fault there was no contract and they need to train their salespeople better.

My next step was going to be credit card chargeback, BBB complaint and 1 star reviews everywhere. My wife wanted to get a lawyer to send a letter as well.

Full text here in case you find yourself in this situation (see section R152-11-10 Deposits and Refunds): https://rules.utah.gov/publicat/code_rtf/r152-11.rtf
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Alex Sector
Alex Sector
After all the back and forth and them stating I was getting the deposit back as recently as this week they still have not refunded it so my wife started the dispute with credit card company. She didn't want it to go over the 60 day limit which would be some time next week.
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Alex Sector
Alex Sector
Credit FINALLY issued. My wife suspected they wanted it to go over 60 days so they could keep it. Should have filed the claim sooner. This was Murdock Chevrolet in Woods Cross. There was one guy that was a total jerk about it, everyone else I dealt with was nice. But they never got around to actually refunding until we started the dispute.

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