[adamacopp]

I just signed an contract for a new 2007 tiburon, I got the GT v6 with the sun and sound package, and I am ONLY looking for black/black, I put a 1,200 deposit on the car.. it says its non refundable, if I cancel... but what I want to know is what if the dealer can't find the car. How long do I have to wait for them to see if they CAN find the car, I want to get my deposit back, and go somewhere else, (maybe different Hyundai store maybe different car... the problem with all this is that when I was about to sign for the contract, they told me they could have the car in 1 day, that its in NY, and it would have about 56 miles on it... to drive it to the dealership...

Now its been 2 or 3 days and I want to know how long I have to wait before the "search" is over. Andi can get my 1200 back

I just want to know if they haven't found the car... and still can't after a specific amount of time, do they have to say to me.. we can't find the car and refund my 1200,

Ps I am getting my own financing so they are doing less work to actually get the car to me... I am in NJ, so I don't know if that makes a difference in the period I HAVE to wait to see if they can find the car for me.

Thanks a lot,



PLEASE HELP!

[Fr_Chuck]

Let me see, you put down a 1200 non refundable contract on a used car you never saw??

Boy do I have some swamp land to show you.

I could see putting it on a new car they had to order for you.

But we are talking about a used car that you have no idea of the real conidtion, have never seen or drove.

I would be in their dealership this morning wanting to know what they were going to do, and in my attorneys office this afternoon if I did not have my money in hand.

[adamacopp]

I just signed an contract for a new 2007 tiburon, i got the GT v6 with the sun and sound package, and i am ONLY looking for black/black, i put a 1,200 deposit on the car..it says its non refundable, if i cancel...but what i want to know is what if the dealer can't find the car. how long do i have to wait for them to see if they CAN find the car, i want to get my deposit back, and go somewhere else, (maybe different Hyundai store maybe different car...the problem with all this is that when i was about to sign for the contract, they told me they could have the car in 1 day, that its in NY, and it would have about 56 miles on it....to drive it to the dealership...

now its been 2 or 3 days and i want to know how long i have to wait before the "search" is over. andi can get my 1200 back

i just want to know if they haven't found the car...and still can't after a specific amount of time, do they have to say to me..we can't find the car and refund my 1200,

ps i am getting my own financing so they are doing less work to actually get the car to me.....i am in NJ, so i don't know if that makes a difference in the period i HAVE to wait to see if they can find the car for me.

thanks alot,



PLEASE HELP!

You must have missed the part in the very beginning of the answer where it said "NEW 2007 TIBURON"

I test drove all the different models of the tiburon, 4 cyl, v6 v6 gt v6 LTD, and se... I went with the V6 Gt, they didn't have the color options I wanted it...

Please reread and then if you can advise me that would be great!! Thanks for you help

[froggy7]

Well, my first question would be "what did the dealership say when you were signing the lease?" If the only thing stopping them from giving you a car is the color, and they told you something like "that's not a common color... it could be 3 months before we get one", then by signing you are indicating that you are willing to wait the 3 months to get the car. If they said it would take 4 days, then I think you could ask for the deposit back after the four days. If nothing was said, then you probably fall into the murky grey area of "a reasonable time". I've never leased a car, so I don't know what that would be.

By the way, you do realize that leasing a car is not a really good financial move, right? (Except in some specific situations, especially when you can deduct it as a business expense.) I've heard it described as "allowing people to drive more car than they can afford."

[adamacopp]

let me give you some more specifics,

by the way it's a straight finance, through my own, I am using HSBC to finance it... not going through dealer ship... which I know the dealer ship doesn't like in the first place cause they lose a little bit of money on the deal...

I signed the contract on Tuesday night, they told me that the car was in NY, and it would have an extra 50 or so miles on it because where it was coming from, and I would have it the next day for sure... they said it wouldn't take any longer than that. I left 100 deposit on the car, so that they would start the process of getting the car to NJ, and wouldn't let the other dealer sell it, I had to come back to them the next day, and drop off the remainder of the deposit that they wanted, 1100, I know am asking myself why the heck do they need 1100, most dealers usually want 500, right??

so when I called to Wednesday morning to see how far along they were, they said to me, 100 deposit was not enough for them to transport the car, and that I should come down and leave the 1100 (balance) at this time, now they said to me it might take an extra day, I said okay 1 extra day is okay,

after they ran my card, for the 1100, I said so I can expect the car by thrusday, making it now 2 days to get the car, then the sales rep said... well it actually could take about a week to about a week and a half (sounds like to me that the dealer in NY sold the car with the options that I wanted and now they had to scramble to find another)

I kept on saying that is now what you told me, I said first you said 1 day, now 2 days... now more than a week... I asked them can you get the car or not for me by the end of the weekend, (Saturday - cause blue law in NJ) they said... it could possible take longer than that... again... struggling to find another dealer with the options that I wanted.

I tried to nail him down to a specific day, but all he kept saying is trust me adam I want to get you in this car more than you want to be in it... (cause of commission I am sure)
I left feeling really ty, cause now I fiigured that when they can't get the car, and I finally come to my senses and go down there over the weekend... they are going to try and put my in something either more expensive model of the hyundai tiburon, which is going to be really hard cause the only model better than the one I got, is the SE, and that only comes in manual and I don't know how to drive stick. And the sales rep KNOWS that for certain.. I said it like 15 times when we were on the lot and I asked to test drive the accent first, and then the tiburon, auto only, auto only I said... no stick I don't know how to drive...

this is what I plan to do:

I am going to go down there when I get out of work on Friday, tomororw, and get my 1200 deposit back, which on the contract says non refundable, but if the dealer can't get the car I wanted, which I had him specificly write on the contract before I signed... then they can't keep my deposit if they don't have/ can't locate the car

my real question here is two things...

1. is there a minimum amount of time that I have to give them to locate the car, even thought they lie to me twice about when the car was coming?

2. I heard there is such a thing as a 3 day return deposit on some states no matter what for any reason you can get the deposit back... even if the contract says it... its a state law I heard... but not sure if its NY or NJ or PA that I remember it applying too.

if I run into hesitation, I am going to of course have to get a little harsh with them, which I have no prob doing... and they won't convince me to go for another car... cause the tiburon is the only one that I want at this piont in the game... (no accent, sonata, etc.)

the deposit I left is on my debit card with commerce bank...

the problem is that, lets say they (for whatever reason) they don't give me the deposit back... then I go to another dealership and get a car... now in the mean time I guess I will have to get an attorney and send them a nasty letter about consumer fraud, how I am entitled up to 3x as much as the deposit, and attorneys fees, bla ,la bla, if in the mean time they get the car... and since they have a signed contract from me, with my 1200 deposit, once they get the car and call me that its in I am responsible for it...

so I guess I can't/shouldn't go anywhere else, either Hyundai or not, and get another car until its settled with an attorney and he sends them an official letter saying that I am going to start proceedings... maybe I can just fax them something in writing in the first place tomorrow and ask for a confirmation that they received..

I guess the problem is really here tha ti should have asked to get it in writing when the car was going to be delivered to me... then if it didn't... I would have better grounds for getting my deposit back...

whoa... my fingers are tired NOW!!

thanks again for helping me out...

whatever you can advise is good


adam

[froggy7]

ALWAYS get dates in writing if it matters to you. Easier said than done, and I am suffering right now for not doing it myself, so I feel for you.

If I were you, when I went down there Monday, I'd take a letter with me, specifying the amount of time you were willing to give them to get you a car. I'd give them a week, myself, since it will probably take you that long to get it somewhere else and you have to go through all the paperwork again, etc. Specify in the letter that you were told that it would take X time to get the car, and that this new time is the longest that you will wait, and if the car is not given to you by that time you will expect to cancel the contract and get your deposit back. And that you do not want to take this to court, but will be getting an attorney after that time if you need to.

Having the letter makes it easier to talk to them, because you can just discuss what's in it, and you leave it with them when you leave. Make someone there sign it before you leave, and keep a copy for yourself, of course! That way you don't get snowballed by some salesman into doing something else you don't really want to do while you are there.