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Discussion Starter · #1 · (Edited)
I had talked to them in the middle of December about a SRT Jeep that they were getting in. The general manager told me the customer that had ordered it was not needing it right away so he could wait and I would be able to purchase it.

I was told that all I needed to do was put a $2,000 deposit and it was mine. I was told by the GM, salesman and finance manager that it was refundable if things were to change.

Fast forward a month and my circumstances changed. I called Pembina Dodge and told them I would not be taking the jeep and that I wanted my deposit back. It was then the GM told me that they pissed off the first customer because they told him he couldn't have the jeep he originally ordered because they weren't getting it. (they had told me he didn't want it right away) Apparently, this guy was irrate and called Chrysler and complained. The GM also told me that they were selling it to him too cheap, that is why the dealership wanted out of the deal. (I knew the GM as he was from a previous dealership I had dealt with, hence why he was telling me all of this.)

They then proceded to tell me that I would not be getting my deposit back as they had to pull lots of strings to make the deal happen. The owner of the dealership is Bernie Clement and he used to be the VP of Chrysler Canada and they told me he had to make a special deal in order for me to get that specific jeep. Nothing was ever signed and everything was all verbal, so I have no proof that it was refundable but they also do not have anything signed by me saying I would buy the vehicle.

I then started an email correspondence with Bernie and after many emails he agreed to give me half of my deposit back. I was at the point of giving up so I reluctantly agreed to get half of the deposit back. I have since talked to people that I know in Winnipeg and have found that they are not very well liked and they sometimes require a $500 deposit just to do a test drive on any vehicle.

I just wanted to give all fellow Canadians a heads up to be carefull when dealing with Pembina Dodge, Pembina Valley Dodge, Portage Chrysler, Pembcorp and Prairie Fiat.
 

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Discussion Starter · #3 ·
Dude, fight for every dollar back. They can't just keep your money. Your not talking about chump change here.
I have tried hard. Talked to lawyers and it looks like I would have to go to small claims court and there is a 50% chance of winning. The lawyer told me that I did say I would buy the vehicle and they did say the deposit was refundable, so all depends on how the judge is feeling that day. It would cost me close to $1,000 in expense and paperwork just to go to court. I know if I win I can get it back but not a sure thing that I will win.
 

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Wow... From my experience any any dealer... Deposit is 100% refundable. If u didn't had contract. Well they can't prove either being not refundable.. U should have fought it

No offence to anybody but this is exactly a reason why i wouldn't get another American car. Quality of the product is getting better but not service and they don't stand behind their product like Germans do

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I have tried hard. Talked to lawyers and it looks like I would have to go to small claims court and there is a 50% chance of winning. The lawyer told me that I did say I would buy the vehicle and they did say the deposit was refundable, so all depends on how the judge is feeling that day. It would cost me close to $1,000 in expense and paperwork just to go to court. I know if I win I can get it back but not a sure thing that I will win.
Sometime it is easier to use media than law


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Discussion Starter · #7 · (Edited)
Sometime it is easier to use media than law


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I did fight hard and Bernie pretty much said I was free to pursue any legal means necessary. I had also agreed to get the $1,000 back because I thought that was better than nothing.

This is why I am posting it on all the forums that I frequent. As far as I know in Canada it is the dealers discretion as to if the deposit is refundable. I know in the States it is illegal to keep the deposit.

Do you have any suggestions on how to deal with this in the media. I want to make sure that I am careful and do not get myself in trouble with slander or something like that.
 

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I did fight hard and Bernie pretty much said I was free to pursue any legal means necessary. I had also agreed to get the $1,000 back because I thought that was better than nothing.

This is why I am posting it on all the forums that I frequent. As far as I know in Canada it is the dealers discretion as to if the deposit is refundable. I know in the States it is illegal to keep the deposit.

Do you have any suggestions on how to deal with this in the media. I want to make sure that I am careful and do not get myself in trouble with slander or something like that.
Maybe, we all (forum members) throw some money your way to fight these bastards!
 

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I guess the burning question I have is this: When you gave them $2K...two THOUSAND dollars...did you get a receipt? And if so, what was the legal mumbo jumbo on it?

I can't imagine giving up that kind of dough without some backup...
 

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Discussion Starter · #14 ·
I guess the burning question I have is this: When you gave them $2K...two THOUSAND dollars...did you get a receipt? And if so, what was the legal mumbo jumbo on it?

I can't imagine giving up that kind of dough without some backup...
Unfortunately, there was no paper work exchanged everything was verbal. I had known the GM as he was a GM here in Regina where I had purchased my last 2 vehicles from. I know it was a stupid move but it was very tough to find this vehicle anywhere in western Canada so when I found this one I did what I had to do to secure it. I litterally called every dealer in Alberta, Saskatchewan and Manitoba. Dealers that had a jeep wanted anywhere from $70,000 - $84,000. Pembina was willing to sell it to me for the window sticker.

FYI the Jeep that I originally ordered from my local dealership is still not in D status.
 

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Regardless of the understanding they shouldn't be hosing you on 2 grand over a vehicle they can easily sell for list. A dealer who doesnt think past the current transaction is a moron.
 

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Here's a couple of examples from other provinces and I would imagine SK would be the same. Sounds to me dealers are within their rights to keep at least a portion of the deposit and I can see why it would be a 50-50 at best in small claims.

Ontario
Q. If you place a deposit by credit card on a used vehicle through a dealership and subsequently decide not to purchase the car - ie "changed mind", is the dealership required to refund your deposit or can they keep it? I paid the deposit at close of business on Sat., March 27 and notified the dealer that I didn't want the car on March 31 around 4:30 pm. I was told to come by any time today with my credit card and they would reverse the charge. The car salesman left a message at my home today to call him. I got this message when I arrived home and he indicated that the Manager/Owner of this dealership said I could not have my money refunded. I also don't recall receiving a copy of anything other than the credit chit - no copy of the description of the car, the terms of the purchase etc - just the cash register receipt for the $500 credit card deposit. I took my son to see the car on Sunday, he test drove it and I told the car salesman that we would have to look at whether it would be covered under his insurance or mine. My son didn't inform me until Wednesday that he really didn't like the car and didn't want me to purchase. As soon as I found this out, I called the salesman to cancel the deal and thats when he told me I could come by any time on Thursday to have my credit transaction reversed. I also didn't know that there was a $389 docking fee - he claims it was on the paper work - which I don't have a copy of. He says they won't refund the $500 because they sold it in good faith and turned away other purchasers and continued to hold the car until Wed. when I had originally told the salesman I would return after work to sign the papers. This is occuring in Alberta. Do Consumers not have a 10 day right to cancel any sales contract/agreement?

A. Unfortunately, Alberta does not have a grace-period for Automotive purchases and even does not have any provision for refunding deposits.

In fact, the Government of Alberta specifically provides that there is no obligation to return a deposit and that if a dealership represents that they will refund the deposit to ensure you have received that in writing. (http://www.transportation.alberta.ca/2830.htm).

Where you may have an out is if there was any material misrepresentation in the sale of the vehicle. This would depend on the nature of the description and discussion around the car.

Other than that, unfortunately, you're out of your deposit. Your best chance of recovering it is to attend the dealership and press your point (complain) and hope they will give in an refund it. However, legally speaking, there's nothing that can be done.
1) I signed a contract and left a deposit. I don't want the car anymore, and the dealer won't give me back my deposit. What should I do?

What you signed is a legally binding agreement. There's no "cooling-off" or grace period to change your mind. If the dealer agrees to cancel the contract, he is entitled to keep part of the deposit – if not all – as a result of the costs already incurred in selling the vehicle to you. These non-recoverable costs are commonly referred to as "Liquidated Damages."
http://www.omvic.on.ca/info/faqs/consumer_faqs.htm#Q1

Bernie
 

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Hey, bud, I feel for ya. And I'm sure it's a hard lesson you'd rather not have had to learn. I called my dealer to talk about your situation, and he was convinced you must have some kind of paperwork, otherwise he could see you getting screwed. The rarer the ride, the more likelihood they could make a case that it might be harder to move the vehicle if somebody backs out. That's one side of it. Bullshit, yes, I know.

Anyway, I hear ya on the wait. I've been stuck in C status for a couple months now, with no Jeep in sight. Patience...is wearing....T.....H.....i.....n.
 

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Discussion Starter · #18 · (Edited)
Hey, bud, I feel for ya. And I'm sure it's a hard lesson you'd rather not have had to learn. I called my dealer to talk about your situation, and he was convinced you must have some kind of paperwork, otherwise he could see you getting screwed. The rarer the ride, the more likelihood they could make a case that it might be harder to move the vehicle if somebody backs out. That's one side of it. Bullshit, yes, I know.

Anyway, I hear ya on the wait. I've been stuck in C status for a couple months now, with no Jeep in sight. Patience...is wearing....T.....H.....i.....n.
I have no paperwork, probably because I had dealt with the GM before and he was comfortable doing everything over the phone. This dealership is 600 km away from me so it wasn't easy to go in to sign anything.
 

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Discussion Starter · #19 · (Edited)
Here's a couple of examples from other provinces and I would imagine SK would be the same. Sounds to me dealers are within their rights to keep at least a portion of the deposit and I can see why it would be a 50-50 at best in small claims.





http://www.omvic.on.ca/info/faqs/consumer_faqs.htm#Q1

Bernie
Ya, this is what I read through as well. Just wanted to post this as a warning to anyone looking to deal at this particular dealership, kinda gave up on getting the remainder back.
 
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