snagitseven

I agree with most of your assessment, however, as you noted, the OP did put down a deposit which indicates he was "satisfied" and was willing to go ahead with an agreement - something he obviously didn't have to do. (A valid contract requires a consideration, in this case a deposit). He could have called the first dealer and played both of them to his heart's content if he wished until he got the very best price. He didn't do that and in essence, unilaterally canceled the agreement which, in most contracts, verbal or otherwise, would negate return of any deposit consideration. In real estate, for example, this situation would call for a loss of earnest money/deposit.

The dealer did have expectation of a completed transaction and at the least has a good case to be unhappy. It's not so much a matter of loyalty as you mentioned, so much as a contract unilaterally canceled by the OP even if with good reason, in his opinion.

The question then is the deposit. Buying a car is almost always a negotiation. As such it's buyer beware as to final price. The dealer has a right to try and get as much as possible and the buyer has the same right to try and get as low a price as possible. If a compromise is reached to borh parties' satisfaction, it's a done deal. Buyer's remorse, due to price or some other reason, doesn't completely absolve the buyer from the agreement obligation. Barring any law to the contrary, the dealer could have justification to keep the deposit as "damages".

The OP could get it back and the dealer could be more gracious about it but I believe, based on what we know from the OP's comments here, the dealer has a legitimate case to feel as the "injured" party. Moral of the story? Don't agree to offer any real consideration as part of an agreement (in this case a deposit) until you're certain you'll proceed with the terms of the contract. If not, be prepared to lose it or at the very least, go through some aggravation to get it back.

av_audi

Well, I also happen to agree with your points. Which brings up the purpose of asking for a deposit. In most states, the deposit is refundable by law, the customer is not obligated to buy when he puts down a deposit, and the dealer is not obligated to deliver the promised car.

So why do dealers ask for deposits in the first place? It's a tool that has zero legal bite, but that they often successfully use to get an edge over the customer. But the customer who knows better can turn the table on them. It is that simple.

snagitseven

Your point is well taken but sometimes the issues are more complex.
Here's an interesting and informative article from the Edmunds web site:

"I recently received an email from someone who had put a deposit down on a vehicle and had decided to back out, and they were having problems getting the dealership to refund the deposit. They had paid the deposit with a check, and while the check had not been cashed, getting it back was proving difficult, with the dealership threatening to keep the deposit if they didn't go through with the deal. Most dealerships are more respectable than this, but there are still those bad apples out there. While consumer protection laws vary from state to state, the vast majority prevent a dealership from keeping a deposit in the event the consumer does not purchase a vehicle. Learn how to protect yourself from those dealerships that still think they are doing business in the 20th century, after the jump.
So if you change your mind after putting a deposit down, how can you be sure that the dealership will do the right thing and promptly return that deposit? The best way to assure that happens is to put your deposit on a credit card. By doing this, you can easily file a complaint with the credit card company in the event that the dealership decides to try to keep your deposit. Often, just threatening to file a complaint with the credit card company will result in the dealership doing a quick 180 in their decision. You also give yourself a "free" 30 day loan. If you do have to file a dispute, the credit card company will not require you to pay the charge until the credit card company conducts its investigation and the dispute is resolved.
Now, are there ever cases where the dealer can hold your deposit? Again, while consumer protection laws vary from state to state, there are some general cases where a dealership may have cause to keep some or all of your deposit in the event you change your mind. These generally involve the dealership incurring some sort of expense involving the vehicle, prior to your taking delivery. These include transporting a vehicle from another dealership or adding dealer installed equipment like a sunroof, paint protection or anti-theft devices.
Consumers also often wonder what an appropriate amount is when you do leave a deposit. I often advise to first offer $100 (again, on a credit card). If the dealership balks, ask them what they would like. Most will "ask" for $1000. Counter with an amount of no more than $500. If the dealership refuses, then you need to ask yourself "why" and perhaps think about using another dealer.
It is important to again note that most dealerships are not out to cheat the customer or "steal" their deposit. The act of taking a deposit is designed to take you out of the market and shopping other dealers and to know that the dealership is not wasting its time (which is also its money). So only leave a deposit when you are certain you have picked your vehicle and dealership. But put it on a credit card, just in case your situation changes beyond your control."

Art234

Having been on both sides of the table, I see there are still disreputable dealers out there. I would have never gone to ANY Atlantic dealership-they are ALL smoke and mirrors.

You CLEARLY are entitled to your deposit back, and you should fight tooth and nail, and go to all media outlets necessary.

I was a top sales rep at for a Japanese brand from 1995 to 1999 before I got burnt out and went back to my original industry (digital imaging and electronics). I sold upwards of 300 cars a year, and my CSI indexes were never below 97 out of 100. I was always up front and honest, and I often had to compete with Atlantic and the games they would play on people.

Today I often go with my friends and relatives when they buy cars, and once the dealers know that I know the deal, they either become beligerent (we walk out), or they do the deal with no added fuss or muss.

One rule is that you ALWAYS refuse to talk to an F & I person unless you want to be sold on something...YOU do the research on lease rates and loan rates before you go in to sign anything. You tell the dealer you do not pay reserve (the markup on interest rates).

I purchased two vehicles in the past year--my 2010 Audi A4, which was custom ordered, and a 2010 Lexus RX-450h hybrid SUV. The hybrid was bought for a very good price, and the deal was prepackaged before I even went to the showroom.

For the Audi, I dealt with two Audi dealers, both local to Atlantic. I wound up buying from the one closest to Atlantic on the South Shore, Legend, because their sales rep and general manager were the most honest and forthright about the transaction. The other dealer called me to belittle me when I told them I bought elsewhere, but I explained that the sales rep at that dealership was hard to reach, and took up to 5 days to return phone calls or emails--plus she never got me the specific information I was looking for on the 2010 MMI system which I needed before ordering.

If you want some further guidance or assistance please feel free to PM me and I will share further details.

Best of luck.

nicholasG78

GOT THE DEPOSIT BACK AND AUDI INC. CALLED THE DEALERSHIP!!! SWEET!!!!

Old Dog

Good for you . Congratulations.

unlisted

I have had an S4 from Atlantic and my last car I just got from another dealer that Atlantic referred me to because they were not able to do a swap. They have been pretty good so far. If you are still having troubles I can give you the GSM's info.

ThePiombino

Score one for the little guy! Good work!

qwhggjhgg

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D_Nyholm

Without going completely into it, I have heard terrible things about all the atlantic dealership. My sister had major problems at Audi when she went to look at a Q7 and basically had to walk out of there with the salesman yelling at her that if she leaves she will not be able to get the same deal, it was her last chance. All the while she has her 2 kids with her that have been stuck in the dealership for 2+ hours...