Dealer Not Refunding Order Not Built

[FLTPA]

I had placed an order for an Emira in February through Florida dealer, which was accepted and locked by Lotus. I paid a total of 5,000 for this, then the tariffs hit, and we were all told recently that some of those orders were not built for 2025. Mine was one of those not built, and I was told I would have to submit again soon for a 2026 build.

I saw on here that a few dealers refunded deposits if their order was not built, my dealer however is not budging on refunding. I even spoke to a manager and the person assured me it would be refunded. After receiving this reassurance, I went ahead and bought a stock car from a dealer in another state. Now the Florida dealer’s GM has reached out and is declining me any sort of refund. Has anyone else navigated this sort of issue for 2025s that weren’t built?

 

[DerTheDer]

Post the contract you signed.

 

[FLTPA]

Post the contract you signed.

A separate PDF from them/Lotus had MSRP listed at $105,850.

 

[DerTheDer]

Does it say anything in there like "If the dealer cannot deliver the vehicle"?

 

[FLTPA]

Does it say anything in there like "If the dealer cannot deliver the vehicle"?

No breach conditions described for the dealer

 

[Eagle7]

That doesn't have to be stated. I merchant cannot take money for a product or service, and not provide it but still keep the money. Was this Naples? Contact Lotus, contact the Attorney General for the city the dealer is in.

 

[Tteape0]

What dealer so other members know to avoid.

 

[DerTheDer]

What they can and cant do legally doesn't mean they wont do it illegally unfortunately. Call the dealer out.

 

[tritzenthaler]

The dealer I ordered from originally (Lotus of New Jersey) gave me no issues in refunding my $5,000 deposit. Technically, and I believe legally, if the contract you signed does not have all the information completed (like a VIN #), than it is not yet valid, and the stipulations do not apply. My refund was without argument (they were actually very nice about it) and I ultimately purchased through Manhattan Motorcars in New York City. Sorry you are having to deal with this issue. I agree with the others, I would call the Attorney Generals office and seek their assistance.

 

[FLTPA]

The dealer I ordered from originally (Lotus of New Jersey) gave me no issues in refunding my $5,000 deposit. Technically, and I believe legally, if the contract you signed does not have all the information completed (like a VIN #), than it is not yet valid, and the stipulations do not apply. My refund was without argument (they were actually very nice about it) and I ultimately purchased through Manhattan Motorcars in New York City. Sorry you are having to deal with this issue. I agree with the others, I would call the Attorney Generals office and seek their assistance.

It didn’t have a VIN but it did have a Stock #. And the order form with MSRP accompanying it

 

[Tteape0]

It didn’t have a VIN but it did have a Stock #. And the order form with MSRP accompanying it

Stock number is an arbitrary number made up by the dealer. It has zero legal binding.

 

[benjh1028]

I think the easy basis for claiming dealer breach of contract is that you ordered a 2025 model, and they could not deliver one. A 2026 is not a 2025 and is more expensive. A simple letter from an attorney will likely get your money refunded.

 

[benjh1028]

Also from the contract language you provided, the dealer cannot simply say he sustained “damages”. Damages have to be proven, and unless they suffered financial loss (which they didn’t) they can’t collect anything from you.

This should be a slam dunk. Agree with others - post the name so others can avoid.