Deposit on New Car or Motorcycle

[tjk4tom]

I put $1000 on a credit card as a good faith gesture at a motorcycle dealer. The salesman said it was nonrefundable. The business manager said it was refundable. The salesman wrote 'non-refundable' on a printed layaway receipt. I didn't sign anything except the credit card slip. This is for a stock motorcyle on its way to the dealership from the manufacturer due in about four weeks. It is not a special order. No purchase contract has been signed.

California civil code 2982.7 indicates to me that I should get my deposit back if I do not decide to go forward with the purchase. Do I have a legal basis for getting my deposit back if I've changed my mind?

 

[presutin]

Easy to figure out - manager overrides the salesperson and the law backs up what manager says. What exactly are you trying to do legally? There is no legal issue here...

 

[tjk4tom]

Easy to figure out - manager overrides the salesperson and the law backs up what manager says. What exactly are you trying to do legally? There is no legal issue here...

verbal - nothing in writing other than salesperson's notation
my word against theirs
i am trying to legally compel them to credit me on my credit card for the deposit i made
if i request a chargeback from credit card co, i want to know i have legal standing
don't know if i'm interpreting ca civil code correctly
thanks

 

[presutin]

The way I would go about it is this: Call the manager and tell him that you have changed your mind regarding the purchase and would like to have the deposit amount credited to your account. If he refuses (which I doubt) then go ahead and file the charge back with the CC company. It will be the dealer's job to prove that you are not entitled to a refund.