Ok, so I bought the EX-L White from a dealer 50 miles away from me exactly a month ago. At the time they did not have it in stock, but showed one coming in between 09-18 and 09-22. They had the VIN # already. It was just a matter of waiting. I signed the sales contract, financing $15K, and cash for the rest ($7300). On 09/23 I e-mailed the dealer and asked them: Where is my fit? At the time they told me that Honda had cancel that order, citing quality problems (not sure what). The sales person reassured me that he would do his best to find one and do an exchange with another dealer. Since then some dealers have received the model. I even called one and they said they had 3 about to be received, but they categorically told me that there is no way they would do a trade with another dealer because the car is selling like hot cakes. That dealer told me they would "reserve" one for me. The dilemma I have is that I asked the dealer I bought the car from, on an e-mail, to cancel the order and refund my $7,300. They have not answered my e-mail. I read the fine print on the contract but there is nothing in it that defines what would happen if the car is not delivered by the time promised. Not sure if I can be forceful since they hold $7 of my deposit.

I would appreciate a legal opinion on this. I have to I'll wait but I have no idea how long since the dealer bought it from can't give me any date now.

 

Just my opinion but I think the dealer sold the car at a higher price than what you agreed upon.

There's small claims court.

I would check out with an attorney (hey, I'm from sue happy California so sue me! LOL). You actually might get more than your money back. If this is your only mode of transportation, the lawyer might get money back for a "car rental" while you wait for your car. It happened to me a few years back, Ordered a car, was promised a date, 3 weeks out, my only form of transportation. I got the dealer to give me a loaner for 3 weeks with the help of a lawyer friend.

It's a few hundred bucks but you're talking $7300. Be ready to get a phone call within minutes of the dealer getting that lawyer letter telling you to pick up your car.

Good luck.

 

Who gives a stealer $7.3K as good faith deposit for a Fit, LOL? Maybe to secure a 2015 Dodge Challenger Hellcat, and then only via credit card to exercise recourse for breach of contracted service (which is exactly what the stealer has pulled on you).

I suggest you give up seeking pro-buono legal advice from people on an automotive forum, and hire real legal counsel to address your problem.

 

I am still trying to figure out how you financed a car with no VIN number (or do you just anticipate financing the balance?). I needed a VIN# just to get our insurance policy transferred over.

I would do everything possible to get your money back, without a lawyer first, because their bills add up fast (which just adds to your car purchase expense). Just be sure to document everything, and try and contain your communications to email, in case you do end up needing a lawyer. Phone conversations are not documented communications.

Do you have the VIN number they originally used to sell you a car? If so, you could do a CarFax search and confirm if the car might have been sold to another party, which could provide you with leverage in your discussions.

When you say "cash"...do you mean credit/debit card or check, or do you really mean "cash"?

So sorry you're going through this. Some dealers are really just future (or past), ex-cons in a suit! Having said that, it may be possible that Honda really did cancel the order, and because other dealers have no reason to do dealer trades, your dealer may just be scrambling to maintain a sale.

There is no doubt in my mind that if they can't fulfill the terms of your purchase order, you will be in a position to get your money back. The question is, how long will it take, and how much will it cost to execute.

 

OP said the dealer had a VIN#. I bought my Fit on 9/1/14, and it was supposedly 3 weeks out. Trade + finance, and they kept my trade on 9/1. My car arrived 9/18 and was delivered 9/19. There was one time when I checked in with the dealership and they made me nervous about when I'd actually see the car, tried to back track and say that they never promised a delivery date. When American Honda called for customer service survey, I gave them all of the details and was asked if I was offered a loaner had the car taken longer than expected. I answered no, because the only option I was given was to switch to a different car. It sounded like the dealership was going to receive some coaching. My dealership is not taking deposits, you either buy before it arrives or hope you are available when they call and say they received cars.

The day I picked up my car my salesperson told me that a purple one that someone had ordered was totaled at the port due to the condition it arrived in, customer was mad and went to another dealer. If something happened to the original car, I hope Honda would have said something.

I would contact American Honda 1(800)999-1009 Mon-Fri 6AM-5PM PST
-Tell them your story-
I would ask the dealer for my money back and have them cancel the finance contract. When is your first payment due? Soon right?

 

The dealer I bought it from did have a Vin #. The car was going to be mine. It was just a matter of waiting 10 days, but when D-day come they told me Honda retracted their delivery on my model (due to some quality issue). After a few back and forth today they agreed to refund all my money, and I now have a car coming in from another dealer. Hopefully close from getting my Fit, or I will throw a Fit!https://www.fitfreak.net/forums/imag...lies/rotfl.gif

 

GREAT NEWS! I bet you won't buy a car like that again. When we were searching for ours, we refused to do business with one dealer who wanted to finalize a sale without having the car on hand. We explained that other dealers were willing to accept a deposit, so why should we commit to a sale, without a car to see and touch (not to mention take home). We ended up finding our car with another dealer, and went that night, wrote a check, and drove it home. That was when Fit's were extremely hard to find. Now every dealer in our area has at least two on the lot.

 

The only deposit my dealer (which is not even a good dealer) asked for was $500 on credit card 100% refundable at time of sale or any time. I know it doesn't help you now but for future reference never buy a non-existent car. You should get to look at it & drive it before anything besides a refundable deposit.

You may have to take legal action to get your money back. Hound them and threaten them with reporting to the BBB etc. Call managers. Do everything you can to get your $ back without legal action because a lawyer is EXPENSIVE.

 

Emails are very easy to ignore.

If you want your money back, go to the dealer in person, preferably on a busy Saturday afternoon. Ask to see the sales manager and tell him/her that you want an immediate refund since they did not deliver the car promised.

Don't let yourself be put in an office to sit. The point is to make sure that other potential buyers know that the dealer has reneged on their agreement with you. Don't be obnoxious, but let the staff know that you won't leave without a check.

When you get the check, deposit it immediately. It'll probably be good, but you never know.