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Dealer kept deposit in Calgary, Alberta: Resolved... I think

2583 Views 10 Replies 8 Participants Last post by  cowboytruckn
Ok, I'm going to give this dealer a couple of weeks to keep their word before I name them, but basically this is what happened.

My wife and I wanted a loaded Stone White RT from the factory brand spankin' new. The sales person assured that he had located one, never been driven, but the only thing it didn't have was the rear-seat video system. BUT, he said that he could bring the vehicle in, and do it all aftermarket for the same price it would have been had I ordered from the factory. And! Not only would it provide the same functionality as the factory, but it would provide more, in that each of my two kids could potentially be watching two completely different things... etc. '


So we gave our deposit, signed, and the sales person said he would call us once it shipped in, and they accessorized it. 2 days later my "spidey-sense" starts tingling, and I call the sales rep and ask him to let us testdrive it before they accessorize it. He asks, why? I said, because. Two days later he calls and says the vehicle has arrived, come take a look. Coincidentally, the cheque for the deposit I had given was now certified. I didn't think anything of it, because I was set to go ahead with this purchase, so I thought maybe that was normal. (dummy me).

So we come in, testdrive, I'm oogling over the Infotainment stuff, and I casually ask, "So tell me how my wife can put on a movie for the kids." The sales person looks me right in my eyes and says, "Its controlled from the back". I said, "So you mean to tell me if my wife wants to change what the kids are watching, she has to stop the vehicle, go in the back, change it, and then resume driving?"

Without batting an eye the salesman said: "Yes."

Needless to say from there it all went downhill. I tried to keep my cool, and said, ok, you screwed up, let's just order from the factory and get it over with. We start going over the features and the options with a fine tooth comb this time, and the sales person keeps getting more upset. Finally he goes and gets his sales manager, and this is what the sales manager says:

"Hi. I'm <so-and-so>. So what you need to understand is either you do business with us, or we keep your deposit".

That was their solution for their screwup. I'm a little more naive, so I tried to reason with the sales manager about they way he was treating us, until finally my beautiful wife said, let's get the hell outta here.

The next day we called and asked for our deposit back. They said no, then called back offering $2000 in free accessories and what not, and we bluntly refused to do ANY more business with them after the way they treated us. We just wanted our deposit back and they refused. I contacted the GM, and he played dumb and listened to me, only in the end to take his salesmen's side and when questioned on whether our deposit would be returned or not he said, "Well... I'm just not prepared to do that".

Luckily, my wife's sister is a law major. She looked up Alberta contract law, which specifically states that ANY contract in Alberta can be broken within 10 days of signing it, and THERE DOES NOT HAVE TO BE A REASON. You just have to serve the other party a notice of cancellation, in which time they have 15 days to return the money.

I waited 25, just to be polite. I called, and they didn't return my calls. Finally I left a message saying they had 24 hours to call me, or the next necessary step would be taken. Lo and behold, I get a phone call from a very cheerful GM, who then agrees to return my deposit, and promises he is cutting the cheque and it will be in the mail.

I am going to wait two weeks. If said cheque does not appear, I will call to find out the status. If another two weeks goes by, and I do not see the cheque, not only will I be taking them to court for my deposit and legal expenses, but I will be publicly naming them. And when I say that, we have already contacted the media and without giving any names, notified them of our predicament.

For those of you purchasing in Alberta, don't let ANYONE screw you around.

There is the Better Business Bureau and AMVIC. Every salesperson has to be certified with AMVIC in order to even sell. If they do anything unethical, they can lose their license from AMVIC.

Know your rights people! And never walk away from a deposit in Alberta!!!!

(If you can help, deal without a deposit, or do it via credit card).

I have had an intense experience purchasing this vehicle over the last 6 months. I'm thinking to put together a DIY Purchase a Dodge Nitro in Alberta haha!

If you are still reading this, thanks for "listening".

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that is great Jason!!
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