Dealer Not Refunding Deposit - Help Please!

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For those that aren't aware of my situation, quick backstory:
I paid a $5000 deposit in December 2022. Then in October 2023 I was advised that there were delivery slots available for a spring 2023 delivery of the i4. I agreed, completed the 'official' Lotus order form, and wired an additional $10,000.00 deposit. I was also aware at this time that per the agreement that once the order was placed the deposit was non-refundable.

Then, thanks to this forum (you guys are AWESOME), I heard that i4 deliveries were delayed until sometime in Q1 2025. I then reached out to my salesman and advised that because the delivery date was pushed out and no longer aligned with the terms upon which I paid my $10,000.00 2nd payment that I wanted to cancel and get a refund of the $15,000.00.

They denied my request and said that once the 2nd payment was made all monies are non-refundable, per the contract. I disagree, as does my attorney, that the contract still applies, since they requested the 2nd deposit in October 2023 based on dates provided by them (I would have never paid $15k non-refundable without a delivery date). I would prefer to not have to take them to court, so maybe it will just take a strong letter from my attorney, but not sure.

Anyone else had a similar experience with their dealer? Were you able to reach an amicable solution? This was with Park Place Ltd in Bellevue, WA.
 

dgrace

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My contract with Bellevue has no dates. After this experience I have resolved that this will be the last contract I ever sign without hard deadlines in writing. Is the language on yours different?
 

Nova

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Unfortunately, what the contract says rules usually in cases like this. What does the contract say regarding delivery of the vehicle, term/termination/breach? There may be vehicle-purchase specific laws in your state that protects you, but that may be highly specialized law. I've found that lawyers are sometimes no more knowledgeable than the average layperson about laws and regulatory/legal procedures outside of their area of expertise. You might want to do some research yourself, starting with ChatGPT and then follow up anything that spews out just to see if you get any specifics. Keep asking it for sources.
 

morphious

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I only have a $5k deposit on my FE 1.0 V6 with locked order. I placed the $5k back in 2021 and would have been hard pressed to cough up another $10k in May 2022 to lock in my order. I knew from the beginning that the money was non-refundable once order was submitted to Lotus, but a lot easier to walk from $5k if things happen than $15k. I wish you the best of luck.
 

FlyNavy01

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My contract with Bellevue has no dates. After this experience I have resolved that this will be the last contract I ever sign without hard deadlines in writing. Is the language on yours different?
Agreed entirely. I'm a bit disappointed in myself for doing business with anyone who pulls this nonsense honestly.
 

dgrace

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Agreed entirely. I'm a bit disappointed in myself for doing business with anyone who pulls this nonsense honestly.
My disappointment is mostly with Lotus, but there is a little left for Park Place. Lesson learned.
 

Eagle7

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For those that aren't aware of my situation, quick backstory:
I paid a $5000 deposit in December 2022. Then in October 2023 I was advised that there were delivery slots available for a spring 2023 delivery of the i4. I agreed, completed the 'official' Lotus order form, and wired an additional $10,000.00 deposit. I was also aware at this time that per the agreement that once the order was placed the deposit was non-refundable.

Then, thanks to this forum (you guys are AWESOME), I heard that i4 deliveries were delayed until sometime in Q1 2025. I then reached out to my salesman and advised that because the delivery date was pushed out and no longer aligned with the terms upon which I paid my $10,000.00 2nd payment that I wanted to cancel and get a refund of the $15,000.00.

They denied my request and said that once the 2nd payment was made all monies are non-refundable, per the contract. I disagree, as does my attorney, that the contract still applies, since they requested the 2nd deposit in October 2023 based on dates provided by them (I would have never paid $15k non-refundable without a delivery date). I would prefer to not have to take them to court, so maybe it will just take a strong letter from my attorney, but not sure.

Anyone else had a similar experience with their dealer? Were you able to reach an amicable solution? This was with Park Place Ltd in Bellevue, WA.
Delivery estimates could change; it could improve. Look at the FE 2.0's. They're now arriving at the same time as the FE 1.0's, and they weren't supposed to show up for another 6 months after.

Why did you want an i4? Was it price or engine/trans?
 

Aero

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Sounds very similar to the example below (Same dealer too). As stated there would need to be something very specific about delivery by date etc in regards to getting your $ back. Or if it mentions a specific model year (2024?) of Emira will be delivered.
A lot of examples from all of us of being told an original delivery date of Q2 2022 and we're still waiting. Even more for some other car brands in the past.
You could try citing numerous examples that a lot of Lotus dealers only require 2500 total and try to settle on that. That 15k is a ridiculous amount charged by that greedy dealer..
 
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MIGZ

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Get a new lawyer !!!!

You need the meanest lawyer you can find , all contracts are breachable.

It will cost them more than 15k to defend a case like this.

You can also Call your local tv station , they all have a consumer reporting person - have the news station call on you behalf

They are unlikely to want the negative press -
 

benjh1028

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For those that aren't aware of my situation, quick backstory:
I paid a $5000 deposit in December 2022. Then in October 2023 I was advised that there were delivery slots available for a spring 2023 delivery of the i4. I agreed, completed the 'official' Lotus order form, and wired an additional $10,000.00 deposit. I was also aware at this time that per the agreement that once the order was placed the deposit was non-refundable.

Then, thanks to this forum (you guys are AWESOME), I heard that i4 deliveries were delayed until sometime in Q1 2025. I then reached out to my salesman and advised that because the delivery date was pushed out and no longer aligned with the terms upon which I paid my $10,000.00 2nd payment that I wanted to cancel and get a refund of the $15,000.00.

They denied my request and said that once the 2nd payment was made all monies are non-refundable, per the contract. I disagree, as does my attorney, that the contract still applies, since they requested the 2nd deposit in October 2023 based on dates provided by them (I would have never paid $15k non-refundable without a delivery date). I would prefer to not have to take them to court, so maybe it will just take a strong letter from my attorney, but not sure.

Anyone else had a similar experience with their dealer? Were you able to reach an amicable solution? This was with Park Place Ltd in Bellevue, WA.
I'm not an attorney, but I would lean heavily on the fact that your decision to place the second deposit was made based on false information they provided (i.e., delivery slots available in Spring). The law typically considers reasonableness and intent, and here you agreed to pay an additional deposit with the intent of receiving a car during the reasonable timeframe they stated. I don't see a judge finding in their favor if it gets to that.

I hate hearing these stories and hope the offenders are remembered by all.
 

CHEESE

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My disappointment is mostly with Lotus, but there is a little left for Park Place. Lesson learned.
The issues with extra deposits and non-refundable deposits is entirely on you and your dealer.

I have an FE 1.0 V6 coming that I only had to put down the initial $2500 deposit, which is refundable all the way up to within 48 hours after the dealer can legally sell the car to me. (I'm using that terminology because we're waiting on CARB cert.) SO they could call me and say that I can come pick up the car and I would still have 48 hours to change my mind and get a full refund.
 

dgrace

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It’s ironic because I am the kind of customer they should be eager to deal with. Instead I literally took my business across the street.
IMG_6057.jpeg
 

FlyNavy01

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It’s ironic because I am the kind of customer they should be eager to deal with. Instead I literally took my business across the street.
View attachment 34375
That's awesome, well played! I've been debating putting a second deposit down for a final edition "Emira GT" or whatever it will be called, but I'll also be going through a different dealer next time. Disappointing, but as you said earlier, just lessons learned. Dealers shouldn't bite the hand that feeds them. I hope the Huracan is as fun as I imagine it is on those PNW roads.
 

dgrace

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That's awesome, well played! I've been debating putting down a second deposit down for a final edition "Emira GT" or whatever it will be called, but I'll also be going through a different dealer this time. Disappointing, but as you said earlier, just lessons learned. Dealers shouldn't bite the hand that feeds them. I hope the Huracan is as fun as I imagine it is on those PNW roads.
I honestly haven't had much chance to drive it yet - it's been raining nonstop from the day I brought it home until yesterday! But did finally get out and it's a riot. Uncompromising, flagrantly impractical. It's a car that makes no excuses and needs none. Need to find more open roads...
 
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Well unfortunately Park Place Ltd's GM and owner are just a bunch of a-holes. I emailed the owner advising him of the situation and he didn't even reply. The GM basically said go pound sand. We went back and forth a couple times and he said that although the contract says they will advise of anticipated delivery date, even though that changed, and the model year changed, because that is not spelled out in the contract then there are no refunds. I hired an attorney and he said that we could fight it and probably win, but we'll spend $10k doing it. So at this point I'm going to ignore the $15k in deposits and just hope at some point I actually get a car.

Lessons Learned: NEVER sign a contract that doesn't include an exemption or escape clause, get critical data (for me it was delivery date) in writing with an option to exit if the date slips, and always remember that the one who wrote the contract wrote it to protect them, not me. Just sad to me that they can be such a-holes. If I was them I wouldn't be able to sleep at night.
 

TXEMIRA

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Well unfortunately Park Place Ltd's GM and owner are just a bunch of a-holes. I emailed the owner advising him of the situation and he didn't even reply. The GM basically said go pound sand. We went back and forth a couple times and he said that although the contract says they will advise of anticipated delivery date, even though that changed, and the model year changed, because that is not spelled out in the contract then there are no refunds. I hired an attorney and he said that we could fight it and probably win, but we'll spend $10k doing it. So at this point I'm going to ignore the $15k in deposits and just hope at some point I actually get a car.

Lessons Learned: NEVER sign a contract that doesn't include an exemption or escape clause, get critical data (for me it was delivery date) in writing with an option to exit if the date slips, and always remember that the one who wrote the contract wrote it to protect them, not me. Just sad to me that they can be such a-holes. If I was them I wouldn't be able to sleep at night.
Recap:

You have a $15k deposit on the car and you’re going to take delivery of it?

If yes, list out the spec and see if someone will take it at cost (net $0) to you or even a smaller loss?

That would be my plan, IMHPO.
 
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Recap:

You have a $15k deposit on the car and you’re going to take delivery of it?

If yes, list out the spec and see if someone will take it at cost (net $0) to you or even a smaller loss?

That would be my plan, IMHPO.
That is probably what I will end up doing, but since it is an i4 I am in a holding pattern until Q1 2025.
 

DerTheDer

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For those that aren't aware of my situation, quick backstory:
I paid a $5000 deposit in December 2022. Then in October 2023 I was advised that there were delivery slots available for a spring 2023 delivery of the i4. I agreed, completed the 'official' Lotus order form, and wired an additional $10,000.00 deposit. I was also aware at this time that per the agreement that once the order was placed the deposit was non-refundable.

Then, thanks to this forum (you guys are AWESOME), I heard that i4 deliveries were delayed until sometime in Q1 2025. I then reached out to my salesman and advised that because the delivery date was pushed out and no longer aligned with the terms upon which I paid my $10,000.00 2nd payment that I wanted to cancel and get a refund of the $15,000.00.

They denied my request and said that once the 2nd payment was made all monies are non-refundable, per the contract. I disagree, as does my attorney, that the contract still applies, since they requested the 2nd deposit in October 2023 based on dates provided by them (I would have never paid $15k non-refundable without a delivery date). I would prefer to not have to take them to court, so maybe it will just take a strong letter from my attorney, but not sure.

Anyone else had a similar experience with their dealer? Were you able to reach an amicable solution? This was with Park Place Ltd in Bellevue, WA.
What state is your dealer in? That could help.

Edit- Sorry just saw Park. I also requested a 10k+ refund from another dealer and was told no. Sucks they can hold our money hostage after 3 years. Especially since the contract states it can be breached if no car is delivered...
 
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