### Author Topic: "I'm never shopping THERE again!" Share your story!  (Read 1144912 times)

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#### norrina

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##### Re: "I'm never shopping THERE again!" Share your story!
« Reply #5295 on: January 02, 2014, 08:00:29 PM »
I look at it like what happened when we looked at a house. We made an offer, put a $1000 check as escrow and our offer was not accepted. The check was returned to us, un-deposited. In your case, though, the sale didn't happen because the seller chose not to accept your offer. If they had accepted the offer, and you subsequently decided you didn't want that house after all, they would have been entitled to keep the check. The earnest money deposit is intended to compensate the seller for their potential losses if you don't go through with the deal (i.e., other buyers they could have sold to if they hadn't been holding the house for you). #### jedikaiti • Swiss Army Nerd • Hero Member • Posts: 2726 • A pie in the hand is worth two in the mail. ##### Re: "I'm never shopping THERE again!" Share your story! « Reply #5296 on: January 03, 2014, 01:39:18 AM » Or the offer's accepted, and something is discovered to be wrong with it, and the deal falls through - then you get more of a refund, but still, you get your$ back.

I am going to guess that this was a deposit made to hold the car for a limited time, with the deal being contingent on the intended primary driver's approval. When IPD doesn't approve, deposit is returned - either the check is handed back if the deal is cancelled prior to deposit, or refunded otherwise. To deposit AFTER the deal is cancelled is highly hinky to me.
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##### Re: "I'm never shopping THERE again!" Share your story!
« Reply #5297 on: January 03, 2014, 03:23:06 AM »
Or the offer's accepted, and something is discovered to be wrong with it, and the deal falls through - then you get more of a refund, but still, you get your $back. I am going to guess that this was a deposit made to hold the car for a limited time, with the deal being contingent on the intended primary driver's approval. When IPD doesn't approve, deposit is returned - either the check is handed back if the deal is cancelled prior to deposit, or refunded otherwise. To deposit AFTER the deal is cancelled is highly hinky to me. This makes sense. Still, I'd either want to retrieve the cheque myself and destroy it, or put a stop on that cheque number at the bank. I may be cynical and jaded, but I don't put a thousand dollars worth of trust in strangers. Mysterious ravens go after local farmer's potatoes #### zyrs • Hero Member • Posts: 1960 • spiffily male. ##### Re: "I'm never shopping THERE again!" Share your story! « Reply #5298 on: January 03, 2014, 03:50:07 AM » Will not be ordering anything from anyone that ships UPS. Item 1 was supposedly delivered to our home on the 27th of December " left at or near front door". We were home all day and there was/is no package delivered. Item 2 was supposedly delivered today, once again left "at or near front door". #### perpetua • Hero Member • Posts: 1949 ##### Re: "I'm never shopping THERE again!" Share your story! « Reply #5299 on: January 03, 2014, 04:43:24 AM » I would have called my bank and stopped payment immediately on that check. Also I think a phone call to the AG's office may be in order as wel. Absolutely! It seems they were determined to sell you a car, any car, whether you liked it or not! Depends on the paperwork you sign, though - a "deposit" generally involves something along the lines of "I'm putting down this money because I'm absolutely sure I want to go through with the transaction, and I'll forfeit the money if I don't." In theory, anyway - lots of places will give you your deposit back most of the time, but that's kinda what a deposit is *for.* You don't get your deposit back if you change your mind afterward unless the business wants to be nice. Yes, I'm confused why the dealership are SS in this situation, sounds like they're just exercising their rights to me. Putting a deposit on something shows intention to buy and prevents the seller from selling it to anyone else until you've paid the balance and picked up the item. Then your daughter decided she hated the car, but in the meantime they may have lost out on selling it to anyone else, over a weekend, when most car sales are made. So I think they're entitled to keep it, because they've potentially lost a sale through your daughter changing her mind. if you're not entirely sure you're going to go through with a purchase, then I'd have to think putting down a large deposit isn't a good idea. #### Virg • Super Hero! • Posts: 5879 ##### Re: "I'm never shopping THERE again!" Share your story! « Reply #5300 on: January 03, 2014, 10:36:38 AM » perpetua wrote: "Yes, I'm confused why the dealership are SS in this situation, sounds like they're just exercising their rights to me. Putting a deposit on something shows intention to buy and prevents the seller from selling it to anyone else until you've paid the balance and picked up the item. Then your daughter decided she hated the car, but in the meantime they may have lost out on selling it to anyone else, over a weekend, when most car sales are made. So I think they're entitled to keep it, because they've potentially lost a sale through your daughter changing her mind." Their malfunction isn't in depositing the check, it's in telling her that they were returning the deposit, and then depositing the check a week later. If they intended to keep the deposit, then it behooves them to say so at the outset, not promise to destroy the check, sit on it for a week and then process it. Virg #### perpetua • Hero Member • Posts: 1949 ##### Re: "I'm never shopping THERE again!" Share your story! « Reply #5301 on: January 03, 2014, 11:13:45 AM » perpetua wrote: "Yes, I'm confused why the dealership are SS in this situation, sounds like they're just exercising their rights to me. Putting a deposit on something shows intention to buy and prevents the seller from selling it to anyone else until you've paid the balance and picked up the item. Then your daughter decided she hated the car, but in the meantime they may have lost out on selling it to anyone else, over a weekend, when most car sales are made. So I think they're entitled to keep it, because they've potentially lost a sale through your daughter changing her mind." Their malfunction isn't in depositing the check, it's in telling her that they were returning the deposit, and then depositing the check a week later. If they intended to keep the deposit, then it behooves them to say so at the outset, not promise to destroy the check, sit on it for a week and then process it. Virg Yeah, I agree they handled that badly. My first thought was perhaps the salesman said he was going to return the check then the manager pointed out that it was a deposit and put a stop his doing that. They probably should have informed the customer of that though. But they weren't in the wrong to keep it. It was a deposit, and the customer changed their mind - that's the whole point. #### Bexx27 • Striving to meet the minimum requirements of social acceptability • Hero Member • Posts: 1875 ##### Re: "I'm never shopping THERE again!" Share your story! « Reply #5302 on: January 03, 2014, 11:25:47 AM » perpetua wrote: "Yes, I'm confused why the dealership are SS in this situation, sounds like they're just exercising their rights to me. Putting a deposit on something shows intention to buy and prevents the seller from selling it to anyone else until you've paid the balance and picked up the item. Then your daughter decided she hated the car, but in the meantime they may have lost out on selling it to anyone else, over a weekend, when most car sales are made. So I think they're entitled to keep it, because they've potentially lost a sale through your daughter changing her mind." Their malfunction isn't in depositing the check, it's in telling her that they were returning the deposit, and then depositing the check a week later. If they intended to keep the deposit, then it behooves them to say so at the outset, not promise to destroy the check, sit on it for a week and then process it. Virg Yeah, I agree they handled that badly. My first thought was perhaps the salesman said he was going to return the check then the manager pointed out that it was a deposit and put a stop his doing that. They probably should have informed the customer of that though. But they weren't in the wrong to keep it. It was a deposit, and the customer changed their mind - that's the whole point. My guess is that they said they wouldn't cash it, but figured they'd be able to convince Redneck Gravy to use the deposit toward a different car. How far you go in life depends on your being tender with the young, compassionate with the aged, sympathetic with the striving and tolerant of the weak and strong. Because someday in life you will have been all of these. -George Washington Carver #### Virg • Super Hero! • Posts: 5879 ##### Re: "I'm never shopping THERE again!" Share your story! « Reply #5303 on: January 03, 2014, 04:53:07 PM » perpetua wrote: "Yeah, I agree they handled that badly. My first thought was perhaps the salesman said he was going to return the check then the manager pointed out that it was a deposit and put a stop his doing that. They probably should have informed the customer of that though. But they weren't in the wrong to keep it." There's no "probably" about this situation, it's a requirement. If they had told her that the deposit was non-refundable, they'd have been firmly within their rights. But a representative of the company told her that the deposit would be returned (by telling her that they would destroy the check). If that got changed in the corporate food chain, then acting without informing her of the change is unethical. Failing to inform her of that change is what makes keeping the deposit wrong, because it means that they deceived her. Where money is involved, ethics takes a very dim view of changing the parameters of the interaction without the knowledge and consent of the involved parties and they did exactly that, by telling her that they were returning the deposit and then processing the check. Virg #### Redneck Gravy • Hero Member • Posts: 2664 ##### Re: "I'm never shopping THERE again!" Share your story! « Reply #5304 on: January 04, 2014, 10:58:32 AM » OP here I left the deposit on Saturday afternoon on a car that had not been cleaned up yet. Salesman was pretty confident it would not be shown that afternoon, I was also pretty sure it would not be shown, dealerships were incredibly slow that day (very cold, windy, not many people out car shopping). Also, when he called later that day he said I would have to sign a form indicating that the deposit was for that car. On Monday when I said tear up my check he said he would. To deposit it two weeks later was incredibly foolish on dealership's part (mine too, I should have driven over there and picked up the check) After speaking with the sales manager (car salesman is already gone from this dealership) he was terribly apologetic about the situation. He said, "without going into details, we dropped the ball on this one. It's an electronic deposit and we will get it reversed." I would not have left a$1000 deposit on anything I wasn't sure I couldn't get back or apply on another deal, etc.  But I disagree that I held up a sale or that the dealership had the right to deposit my check.

I also learned a valuable lesson and in the future I will retrieve the actual check in these kind of situations.  (I hope we don't have to do any car shopping for several years!  I consider it the 7th circle of Hades, possibly the 8th circle with DD)

Deposits for different types of transactions vary on refunds.  I have never heard of a dealership trying to keep a deposit on a vehicle where the transaction was cancelled within 24 hours (business hours since they are closed on Sundays).  And to deposit it two weeks later without any matching paperwork !   I agree they dropped the ball alright.

#### Snooks

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##### Re: "I'm never shopping THERE again!" Share your story!
« Reply #5305 on: January 04, 2014, 11:02:44 AM »
Will not be ordering anything from anyone that ships UPS.  Item 1 was supposedly delivered to our home on the 27th of December " left at or near front door".  We were home all day and there was/is no package delivered.  Item 2 was supposedly delivered today, once again left "at or near front door".

I hate it when there's no indication of how it's going to ship then you get the email that cheerfully proclaims "We have shipped your item using the courier company who won't bother knocking on your door and will make it impossible for you to collect your parcel.  Thanks for shopping with us!"

#### perpetua

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##### Re: "I'm never shopping THERE again!" Share your story!
« Reply #5306 on: January 04, 2014, 11:11:35 AM »

I would not have left a $1000 deposit on anything I wasn't sure I couldn't get back or apply on another deal, etc. But I disagree that I held up a sale or that the dealership had the right to deposit my check. They absolutely had the right to deposit it, because that's the whole point of a deposit. A deposit holds the item so that the vendor can not sell it to anyone else on the understanding that you will come back and pay the full purchase price at a later date. You then changed your mind about the purchase. In the time they had your deposit, they couldn't sell it to anyone else. They lost the potential to sell that item for the time they had your deposit, and that's what the deposit is to indemnify them against; whether it's one business day or ten isn't really the issue. So, you're really lucky you got it back. If of course the sale doesn't go through through a fault on the seller's end, then you have every right to get your deposit back. #### VorFemme • Super Hero! • Posts: 12792 • Strolls with scissors! Too tired to run today! ##### Re: "I'm never shopping THERE again!" Share your story! « Reply #5307 on: January 04, 2014, 12:24:44 PM » I checked the delivery status on a parcel coming in Friday (yay) then went out with the company to McDonald's to let the three year old burn off energy in the indoor play area (too cold & windy for outside). When I came back, the parcel was by the side door (front door has warped since the last hurricane & doesn't open easily - there is a note asking them to go to the side door - same doorbell mechanism to make the sounds) - but I have no idea if the doorbell was rung or not. VorGuy & VorSon stayed home (not quite over the flu - so not up to McDonald's) - neither of them seem to be able to hear the doorbell, based on past experience. At least the parcel was there. I've found lots of parcels on the front porch (brick wall that "wraps" around a small bench & blocks the view from the street) - the larger parcels were usually left on the bench, really big ones were stacked behind a brick pillar, a few small ones were leaned against the door or to one side of the door. There are large boxes for parcel delivery built into the neighborhood mail box - but the keys have been lost or broken and the USA's post office is having financial issues due to being self supporting and having LOST most of the services people will pay extra for to the private companies over the last forty years.... Even bills and junk mail are being delivered by other "services" today - we call them "spam" if they show up in your email inbox. Let sleeping dragons be.......morning breath......need I say more? #### artk2002 • Super Hero! • Posts: 12835 ##### Re: "I'm never shopping THERE again!" Share your story! « Reply #5308 on: January 04, 2014, 03:00:28 PM » I would not have left a$1000 deposit on anything I wasn't sure I couldn't get back or apply on another deal, etc.  But I disagree that I held up a sale or that the dealership had the right to deposit my check.

They absolutely had the right to deposit it, because that's the whole point of a deposit. A deposit holds the item so that the vendor can not sell it to anyone else on the understanding that you will come back and pay the full purchase price at a later date. You then changed your mind about the purchase.  In the time they had your deposit, they couldn't sell it to anyone else. They lost the potential to sell that item for the time they had your deposit, and that's what the deposit is to indemnify them against; whether it's one business day or ten isn't really the issue. So, you're really lucky you got it back.

If of course the sale doesn't go through through a fault on the seller's end, then you have every right to get your deposit back.

The problem is that they deposited the check after the deal was dead. There was no reason for them to deposit it since they had the car available to sell. If they had deposited the check immediately, then you'd have a case, but not in this situation. Cashing a "deposit" check when there is no deal underway is simply fraud.
Twenty years from now you will be more disappointed by the things that you didn't do than by the ones you did do. So throw off the bow lines. Sail away from the safe harbor. Catch the trade winds in your sails. Explore. Dream. Discover. -Mark Twain

#### shhh its me

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##### Re: "I'm never shopping THERE again!" Share your story!
« Reply #5309 on: January 04, 2014, 03:28:21 PM »
perpetua wrote:

"Yes, I'm confused why the dealership are SS in this situation, sounds like they're just exercising their rights to me.  Putting a deposit on something shows intention to buy and prevents the seller from selling it to anyone else until you've paid the balance and picked up the item. Then your daughter decided she hated the car, but in the meantime they may have lost out on selling it to anyone else, over a weekend, when most car sales are made. So I think they're entitled to keep it, because they've potentially lost a sale through your daughter changing her mind."

Their malfunction isn't in depositing the check, it's in telling her that they were returning the deposit, and then depositing the check a week later.  If they intended to keep the deposit, then it behooves them to say so at the outset, not promise to destroy the check, sit on it for a week and then process it.

Virg

This but I would have guessed the check was deposited the night it was left. IF that was the case when OP asked about obviously she should have been informed.

Dealership will almost always give back a deposit not because they have to but because its not worth it to them to try to force it.

Other people mentioned deposits on Real estate when you get your deposit back is normally part of the purchase order contract.