California small claims court over non-refundable deposit

[goofysurfer]

I'm in California and have a purchase order with a dealer out of state. I paid a deposit for the car. But because of the delays, I can no longer wait, and need another car, now. Has anyone successfully fought to get back their deposit? — I believe non-refundable deposits are illegal in CA so you don't run into issues like with Cybertruck or potentially any other car that has no delivery date insight.

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[ssim]

Is your allocation (I'm assuming it's a real allocation) with this dealer locked? Do you think your spec is relatively easy for them to sell? What was the deposit amount?

Did you ask for your deposit back and they said no?

 

[Bill33525]

I backed out of a BMW order, the dealer wasn't going to refund my deposit. For $25 in NJ filed an action in small claims court and the dealer coughed up the money right away.

 

[goofysurfer]

s your allocation (I'm assuming it's a real allocation) with this dealer locked? Do you think your spec is relatively easy for them to sell? What was the deposit amount?

Did you ask for your deposit back and they said no?

It's at the Port, now. But I need a car, now.

 

[Archimedes]

Depends on the laws in the State of the dealer with which you signed the purchase order, not California. I'd research what the laws are there.

 

[Deleted member 6348]

If you had a non-refundable deposit and agreement in place, you might be in the position to still qualify for the fed tax credit under the old rules. This is an advantage that you wouldn’t have with a refundable deposit.

The car is at port. You could buy a beater or rent something in the interim until it arrives. Unless your financial situation has changed dramatically, I don’t understand the desire to bail on the car.

 

[goofysurfer]

If you had a non-refundable deposit and agreement in place, you might be in the position to still qualify for the fed tax credit under the old rules. This is an advantage that you wouldn’t have with a refundable deposit.

The car is at port. You could buy a beater or rent something in the interim until it arrives. Unless your financial situation has changed dramatically, I don’t understand the desire to bail on the car.

Good point. I might be able to flip it as well since I got it at MSRP.

 

[ssim]

Can't you rent a car for a few days, max a week, given it's at port and ready to be delivered soon? If you ordered it and waited a long time...it'd be sad to let it go!

 

[Loltheinternet]

Do you happen to know if it has the 12v battery installed? That may prolong your wait if not. Worth considering.

 

[Redhot2474]

My dealership will allow me to transfer my car to another party as long as they are in same state. Since i have 10% down the financial logistics would be between me and new buyer. Should be easy to find another buyer in CA, as long as you set it up i don’t understand why dealership should not change the name on contract if you found a buyer.

 

[goofysurfer]

Do you happen to know if it has the 12v battery installed? That may prolong your wait if not. Worth considering.

The car completed production on July 4, 2022. It moved to arrival at Emdem port on September 22, 2022. I have no clue if the battery was installed. And my dealer is more clueless than I am. — I knew about the battery issues before they did as well as the strike at the port from threads on this forum.

 

[Gnasher]

The question is do you want a Taycan. Given it’s at the port and you waited a long time i would hire a car for a short period (or ask the dealer to get you a loaner!) get the car and enjoy it!

 

[goofysurfer]

The car completed production on July 4, 2022. It moved to arrival at Emdem port on September 22, 2022. I have no clue if the battery was installed. And my dealer is more clueless than I am. — I knew about the battery issues before they did as well as the strike at the port from threads on this forum.

I was told the 12V battery is now installed.

 

[SCD]

Good point. I might be able to flip it as well since I got it at MSRP.

It should be possible to find another buyer in CA willing to take over the purchase from the dealer at MSRP. What are the build details?

 

[goofysurfer]

It should be possible to find another buyer in CA willing to take over the purchase from the dealer at MSRP. What are the build details?

https://www.porsche.com/microsite/porsche-code/default.aspx?c=/PPAJAJI7

Yes. I think I'd have no problem finding another buyer being that my purchase order was locked before Porsche increased the car by $4k and also before the EV tax credit changes so this car would still qualify for the $7.5k Federal tax credit.

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