Withholding my deposit

[Smb]

I ordered a Macan but I didn’t get approved for a loan so the deal fell through and they ended up selling the vehicle. I asked for my deposit back but they said they won’t give it back due to having to take my custom door-sill off. I was under the impression that my deposit was 100% refundable. Can they withhold my deposit from me? The deposit was $2500. Is it worth going to small claims court?

[crockers]

Is this the UK ? you mentioned $.

How much was the custom sill ? Strange they put it on before you’re approved for credit

Am assuming it’s a used car. Read the sales contract thoroughly. What does it say about deposits?

Who is the OPC ?

M

[Smb]

Is this the UK ? you mentioned $.

How much was the custom sill ? Strange they put it on before you’re approved for credit

Am assuming it’s a used car. Read the sales contract thoroughly. What does it say about deposits?

Who is the OPC ?

M

No it’s in the US. The custom sill was $2490. It was actually an order for a new car. And I didn’t even get a sales contract yet. Only thing I signed for was the acknowledgment of the configuration. OPC is west Houston

[DJMCUK]

How did you pay?
What have you signed?
What paperwork did they give you?
Did you take anyone to the OPC each time you went (witness)?
Have you asked on https://www.macanforum.com/

[SAC1]

Is this the UK ? you mentioned $.

How much was the custom sill ? Strange they put it on before you’re approved for credit

Am assuming it’s a used car. Read the sales contract thoroughly. What does it say about deposits?

Who is the OPC ?

M

No it’s in the US. The custom sill was $2490. It was actually an order for a new car. And I didn’t even get a sales contract yet. Only thing I signed for was the acknowledgment of the configuration. OPC is west Houston

Take a look at the Porsche Macan Owners Group on Facebook. This is predominently a USA site and a good source of information for your query.

Good luck.

[Smb]

How did you pay?
What have you signed?
What paperwork did they give you?
Did you take anyone to the OPC each time you went (witness)?

I paid with a credit card and the only thing I signed was the acknowledgment of the configuration. That’s also the only paperwork I got. And no I don’t have a witnesses

[Moriarty]

My understanding is that the deposit is fully refundable until you lock down your order and spec, about a month before the build. Based on what you posted, I am assuming the car loan was not with Porsche and it was a loan you were negotiating privately. In that case, surely you finalised your order, Porsche built and shipped your car accordingly, and you then failed to pay for the car. I would think they are entitled to keep your deposit and any refund would be at their discretion. If they incurred additional costs to sell the car it seems perfectly fair for the dealer to take that out of your deposit. It wouldn’t be unfair, even, for them to keep the deposit to cover the inconvenience and time for having to sell a car that they did not choose to have in stock.

But of course the legal answer lies in the terms of the documents you signed when you paid the deposit and when you finalised your order, which may have been online forms.

[DJMCUK]

Although Porsche USA may have no authority over the dealer they may be able to broker an agreeable settlement for both sides for good PR, even if one of you is in the wrong. Give them a call? Check your paperwork and online records first.

[Skyway]

Love the way in the US the deposit is $2500 yet us suckers in the UK have to pay £3000

[softsand]

Love the way in the US the deposit is $2500 yet us suckers in the UK have to pay £3000

In Australia the expectation is 10%. More if the spec is outside the norm.