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Discussion Starter #1
I put down a deposit of $250.00 on an STI back in Dec. at my local dealership 1 mile from my house. I have never felt like they know what the hell is going on. Anyways in March i start to get worried when they won't commit to MSRP on the car. I tell them i will add another $750.00 to the deposit if they give me an MSRP contract. They come back and say they will do it if its non-refundable. I say sure because there is no way i will not take the car. But if they can't get me a car or if it shows up in the wrong color i will want my money back. Salesperson agrees to that. Well May 16th roles around and STI's start showing up at dealerships around the country. I go to my dealership to see whats up and they tell me they have no idea when my car is coming and that it will be late July at the earliest. I am obviously pissed that i won't get a car for 2 1/2 months after other people at the earliest. The next day i call around to other Subaru Dealers and find one 60 miles away that has a Blue/Gold on its way with no presell. I go in that Saturday and put down a deposit and am guaranteed MSRP. Well the car shows up 2 weeks early and i took delivery of it 4 days ago. Today i go to my dealership and tell them i got a car 1 week after putting a deposit down on it and that i am very dissatisfied with them. They still have no idea when their 1st STI is coming by the way. I want my $1000.00 back or i want to give the spot to someone else. They say no. I ask to speak to the general manager. They tell me he is not there and that he will call me. Well outta the back walks the General manager right then and he comes over. He announces himself as the "subaru boss" and puts a copy of my contract down in front of me. I say I want my money back or i want to give the spot to someone else. They have had my $1000.00 and done nothing with it. They said they could get me a car and they haven't and they don't know when they can. I have been very pleasent this entire time by the way. "Here is the terms, here is your signature and here is your initials. We didn't say we would get you a car by a certain time just that we eventually would. Thats that." I then ask if i am getting my money back or if they will let me give someone else the spot and he starts to friggin walk away!! I say is that it and he says yes while walking away. I get up and pleasently inform them that one of my lawyers will be in contact with them and leave. I called Subaru today and filed another complaint with them against the dealership and they said they would get back to me. I know i signed a non-refundable contract but from what i can tell these a-holes have not done a single thing when it comes to getting me an STI. They are very unorganized, uniformative and exceptionally rude. I think they have not lived up at all to the terms of the contract and that they should at the very least let me get 1k from somebody else who will take the spot. They say if i do they won't honor the order for the person who pays me. And yes i did get one of my lawyers working on this today too. She will be getting in contact with the dealership tomorrow.

The final thing is even if this situation gets resolved can i ever trust that dealership to do the service on my car?!? I don't want to drive 60 miles away for all my service work because i am afraid my local dealership will treat me and my car horribly!

I just want to know what you all think of this situation. Input would be greatly appreciated.
 

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IANAL, but I think you MAY be hosed. You gave them a $1000 deposit with a piece of paper that says it is non-refundable.

The potential out I see for you is: If they have NOT ATTEMPTED to receive (order) YOUR (your color / options) STi from Subaru they would then be in breach of the contract. The car is "generally available" (you yourself obtained one from another dealer).

Also: If they receive an STi and do not present it to you for your purchase they would then be in breach of the contract.

I'm sure your lawyer will have much better advice than I can give.
 
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All deposits should be fully refundable. Please never agree to anything else. Reputable dealers will have no problem with that.
 

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Fully Refundable Deposites only...

I agree with Scooby , all deposits should be refundable,, it isn't like they are going to have a problem selling the STi.
I have already refunded 2 deposits because the customers could not buy at this time.
I sold both STi's the same day,,, one phone call on each was all it took.
 

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I don’t know what these guys are thinking; this car is a sellers market. You handled yourself very amicably because I probably would have exploded and threatened him with bodily harm. I hope you do find a way to get your deposit back but in the meantime I understand about the service issue because I have pissed off my local dealer as well. I would not bring my STI back to him for service for fear that I would be generating income for his dealership. And yes they probably would treat you badly and I would be worried about my STI.
 

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Legally you are wrong. You made an agreement and now you want to back out. You sign a contract stating it was a nonrefundable deposite. You made a big mistake by not having a termination date if they are unable to deliver. This is basically an open ended contract. They could deliver a 2005 STi and still up hold the contract. You got impatient and found you car elsewhere, the dealer you made the original deal with is now out a sale. Why would he refund it? In good faith maybe they would/could do it in hopes of earning your business back. Not likely.
 

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You know what? I found myself int he EXACT same situation. I had a deposit with a local dealer, the June car wasn't mine, and I really didn't want to wait till July. So I found one coming in June about 3hrs away, and spoke to the salesman I had the original deposit with. My CT dealer was as gentlemanly as could be expected. He knew my deposit was non-refundable, but understood he couldn't deliver the car in June and said it would be no problem to get my 1k back. Turns out I had some VERY negative experiences with the other dealer and decided to keep my place in line and work with the dealership that has treated me well since day1, even if it means waiting on the car. IMO you probably WILL have a legal leg to stand on (but your lawyer will be able to tell you better) - I just wanted to say that a dealer worth a whit would be willing to do the "right thing" here, IMO. Best of luck senor.
 

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very unforunate story, good luck with the deposit thing.......

as far a service goes, these guys sound like like they don't have a clue, probably their service dept. is the same, drive the 60 miles and get it serviced where you bought it. It would be sorta like sueing your doctor for malpractice but continuing to see him/her for treatment.

PS: don't let this experience overshadow your new sti experience, congrats on the new purchase.
 

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Discussion Starter #9
Well apparently the 2 owners of the dealership are very unorganized phantoms. Nobody at the dealership could tell me with certainty when one of the owners will be there. They apparently keep no exact work schedule...which is B.S. of course. Yeah these guys own a 6 brand dealership and they never come in to check on things? My ass they don't.
So then i asked if i could leave a message for them to call me and I was told i couldn't?!?!? So apparently one of them MIGHT be in tomorrow and i should call and see. I want to give the owners one last chance to do right by me before i fully sick my lawyer on them. This is so stupid. $1000.00 to them is very small change. They delivered nothing for that $1000.00. All they did is let it collect interest in their bank account. Then again $1000.00 honestly is what i made last Saturday so it doesn't hurt me too much either. It is just the principal of the whole thing. I don't want this dealership to think they can just take peoples money and then screw them over with it. Its the principal involved for me. Anyways i'm gonna put on my ghostbuster pak and see if i can catch the rare car dealership owner phantom tomorrow. Peace!!
 

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Im with you X. I dont know who is in the right but cars are no longer a sellers market. And while they may make/steal 1000 dollars from you they will probably miss out on 100s of thousand in future car sales and service. If I were you I would make it a point to tell everyone you know in your area what jerks they are
 
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X-Japan said:
Well apparently the 2 owners of the dealership are very unorganized phantoms. Nobody at the dealership could tell me with certainty when one of the owners will be there. They apparently keep no exact work schedule...which is B.S. of course. Yeah these guys own a 6 brand dealership and they never come in to check on things?...
8< 8< snipit 8< 8<
Please tell us; who is your local dealer, so that we can either help you, or at least stay away from there?
 

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Discussion Starter #12
The journey continues. I called and an owner was there. I was told to come in and i could see him. I went to the dealership and surprise, he was in a meeting. So i left my phone # and was told i would recieve a call as soon as he was out of the meeting. He never called. Seeing my lawyer again tomorrow and calling Subaru and talking to a manager or something. Its now officially ON!! I will let you guys know the dealership's name when this is all done. I am a very carefree mellow person who kids around alot. But these guys are about to see my Nasty side now!! ARGGHHH!
 

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I'm very curious what SOA's reacation to this will be, I dont know how much control they can have over thier franchise dealers .
 

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Discussion Starter #15
Update: I actually talked to one of the owners Friday. He was at their Cadillac dealership in another town. He of course had no idea who i was or what was going on. So he is going to have a meeting with the jackoff who was super rude to me last week to get the story on Thursday(the only day he is at the dealership by my house). He will then call me before he leaves and tell me what he is gonna do. I am expecting the worst cause he will not hear my side, only the jerk sales manager's side. As far as Subaru, they have been completely worthless. They don't call me back and when i call, the rep i am working with is never available to help me. I always leave messages that i am told will be relayed to him. Which they must not be because i never hear from him. I am gonna ask for a manager next time i call them. Don't worry bout going to this dealership unless you live in Northern IL/Southern WI area. If you do live around there go to Gary Lang Subaru in McHenry because they are super cool. Peace!!
 

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Discussion Starter #16
Resolution: Well I got a call from the general manager from my local dealership thursday. He and the owner offered to refund most of my money but the were gonna keep some of it to cover the man hours put into handling my order and the debacle that occured after it. I got back $750.00 and they kept $250.00 for their "troubles". I deemed this acceptable and thats that. I was assured there is no ill will born towards me and that i will be treated respectfully if i go their ever for service work. The dealership is Napeltons Autoworks in Rockford, IL by the way. Thank god this is done with. I am guessing their audi mechanic who was behind me in line for an STI is real happy now. He is #1 on the list. Now lets just see if they do a better job of getting his than they did getting mine!! LOL :lol: Peace!!
 

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Bro, that's BS Big Time!!! I'd have had their heads on a Friggin Stick!

MAN, that Steams me up. They charged you $250 for doing NOTHING! So what, they took five minutes to write down your name and phone number!!! They didn't even to what they told you they were going to! It would be one thing if they were coming through with your requests and they you backed, but this.....

I would have pissed in his desk drawers......

*shaking his head*
 

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Yeah man, Small claims court is where I would have settled the matter......They are not keeping the money which I worked so hard to get!
 

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Discussion Starter #20
Continued fighting/small claims court is a bigger pain in the ass than losing $250.00 I am busy enough with life as it is. I deemed a loss of $250.00 worth not dealing with this b.s. anymore. I have other more important things that require my time. For crying out loud i have only driven my sti 400 miles in a whole 2 weeks because i have no free time as it is. But yeah i would like to piss in their desk drawers....that would be bonza!! Peace!!
 
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