So, my wife and I decided on a travel trailer from a place in Middlebury, Indiana. Name left out for now, unless they really go through with their threat.Anyways, we put $1k down on a Jayco and signed a purchase order. The sales guys says if we want something different, they can change the purchase order. Well, of course something happened yesterday completely unexpected and that made us not want to purchase the RV. This dealer will not refund the check and frankly, were rude about it.Question, what is the legality of the purchase order? I've talked to several other dealers and they tell me its just bad business to keep a deposit when a customer wants out. These guys however, don't seem to care. Thoughts?

It is bad business but unless you have something in writing, your stuck.

Now, I am in Canada....but had the same thing happen 4 years ago.Put $5,000 down and had to pull out.They didn't have a problem refunding at all. We actually returned and bought from them when the time was right....

Check your contract.We ordered an Open Range at the end of March - in the contract right above where I signed was this:IF YOU CANCEL THIS PURCHASE AGREEMENT REFUSE TO TAKE DELIVERY OF THE VEHICLE ORDERED, EXCEPT AS PERMITTED BY LAW, YOU SHALL,AT OUR OPTION FORFEIT AS DAMAGESSo should something go wrong between now and May/June when we get it, I can walk away and be out $2500. But they may give it back. It's all up to them - nothing wrong with either option - you signed the contractOne option that may be worth asking about if they won't refund the deposit is to give it back to you in the form of a credit for another RV at a later time. Costs them nothing and if you don't use it they keep the $$.

The only thing that matters is the writing on the contract and we can't see the contract.

First...welcome to the Forum.Question: how long after you ordered and deposited did you try to cancel the deal?Probably the dealer had placed the order with the factory and was now on the hook for it...If you canceled just a couple of days after you ordered, that's one thing, but if a good deal of time passed, you may be out of luck..Like already posted, look at your contract. The hard facts are in the details written in that contract.

Travel Trailer Purchase order | Good Sam Community

59 Replies

forexrv
Explorer
Apr 24, 2015
mich800 wrote:

:h I thought you said you wanted to back out. Not that the dealer would not substitute a different trailer.

In this thread, I did state they were more than happy to switch campers. That said, I still needed out for personal reasons. I also told the dealer I'd be happy to split the $1000 with them or even purchase $1000 of parts in the future, Both were rejected. They really needed every last penny of the $1k.
mich800
Explorer
Apr 24, 2015
forexrv wrote:
BurbMan wrote:

Maybe or maybe not...the card company will contact the dealer before automatically reversing the charges, and if the dealer supplies a copy of the "non-refundable" contract you more than likely WILL NOT get that charge reversed. Unless you say your card was stolen in which case you are committing fraud.

Even if the card company did reverse the charge, the dealer can still take you to small claims court to enforce his contract.

If the unit was dealer stock, it's possible the dealer invested time prepping it for delivery and so has labor costs in the deal...

What if the dealer encourages you to sign the contract for one unit and reassures you that if you're on the fence, they can change the contract to the other unit? Don't fall prey into that scheme...

:h I thought you said you wanted to back out. Not that the dealer would not substitute a different trailer.
itguy08
Explorer
Apr 24, 2015
I don't know your circumstances at all. But for every one like you with a genuine issue that you can't go through, the dealer probably hears 5 lies. That's why the contract - it spells out exactly what happens and how money changes hands.

I'm still struggling with how money is due back. The contract stated deposits are not refundable. You didn't go through with the contract. There is no reason to expect your $$ back. Sure, they could be nice and give you the $$ back but are under no obligation to. And you shouldn't be upset that you lost the $$. It's probably better than being in bind by purchasing the RV.
forexrv
Explorer
Apr 24, 2015
Just to be clear guys, I know all about written contracts. I know how they work and I know you're obligated, unless the contract contradicts a state law, etc. The part that still gets me is the way a business conducts itself with said contract. Obviously, different dealers handle contract issues differently.
hohenwald48
Explorer
Apr 24, 2015
forexrv wrote:

What if the dealer encourages you to sign the contract for one unit and reassures you that if you're on the fence, they can change the contract to the other unit? Don't fall prey into that scheme...

What the dealer (or customer) writes trumps what the dealer says or reassures. A written contract can only be modified in written form.
itguy08
Explorer
Apr 23, 2015
forexrv wrote:

What if the dealer encourages you to sign the contract for one unit and reassures you that if you're on the fence, they can change the contract to the other unit? Don't fall prey into that scheme...

Then you make them write on the contract (and both parties initial it) that "deposit can be applied to another unit"..

Did a similar thing when I ordered my last car. Their contract said "NON-REFUNDABLE DEPOSIT". I made the sales guy write "Deposit is refundable" under the part where they described the car I was ordering. We both initialed. Only reason it was needed was because the deal was contingent on me selling my current car due to their trade value being EXTREMELY low.
forexrv
Explorer
Apr 23, 2015
BurbMan wrote:

Maybe or maybe not...the card company will contact the dealer before automatically reversing the charges, and if the dealer supplies a copy of the "non-refundable" contract you more than likely WILL NOT get that charge reversed. Unless you say your card was stolen in which case you are committing fraud.

Even if the card company did reverse the charge, the dealer can still take you to small claims court to enforce his contract.

If the unit was dealer stock, it's possible the dealer invested time prepping it for delivery and so has labor costs in the deal...

What if the dealer encourages you to sign the contract for one unit and reassures you that if you're on the fence, they can change the contract to the other unit? Don't fall prey into that scheme...
BurbMan
Explorer II
Apr 23, 2015
shum02 wrote:
I use a CC to put down the deposit. If I change my mind and the dealer is not like minded I've only had to make a call to the CC company to have the charges reversed. YMMV.

Maybe or maybe not...the card company will contact the dealer before automatically reversing the charges, and if the dealer supplies a copy of the "non-refundable" contract you more than likely WILL NOT get that charge reversed. Unless you say your card was stolen in which case you are committing fraud.

Even if the card company did reverse the charge, the dealer can still take you to small claims court to enforce his contract.

If the unit was dealer stock, it's possible the dealer invested time prepping it for delivery and so has labor costs in the deal...
hohenwald48
Explorer
Apr 23, 2015
Think carefully before you sign, give your word, or shake on something because someone may hold you to it.

That's got to be the best line in this whole thread.
samhain7
Explorer
Apr 21, 2015
proxim2020 wrote:

I'm not sure if that will actually accomplish anything really. The OP may convince a few, but they'll face quite a bit of opposition for reasons explained by others. We're not even sure if the OP has experienced a level of extenuating circumstances would demand compassion and sympathy.

To put it simply, both parties agreed on the rules and no one should be upset when the rules are actually enforced. For all we know the dealer may have had a very good or better reason for keeping the money. It is a business after all. I still think that it would be a nice gesture for the dealer to work something out with the OP. However, in this situation, it's hard to fault the dealer for enforcing agreed upon rules.

Think carefully before you sign, give your word, or shake on something because someone may hold you to it. That's what I live by.

As terrible as I feel for the OP, I have to say, I agree with the above...