Complaint Review: Mary's Auto Sales

On February 16, 2007 a deposit of $500 was given to the owners of Mary's Auto Sales towards a Jetta they had for sale. After talking with a co-worker who told me that they had had numerous problems with that same car and recommending that I not buy it, I went back 3 days later on February 19, 2007 and informed the dealer that I had changed my mind about the vehicle, and after viewing the dealer's remaining inventory, wanted to have my deposit returned to me since they had no other cars that interested me.

I was told in reply that as a rule deposits were not returned because of possible business lost while holding a vehicle for customers. However, the dealer said that because of the good rapport that had been established between their staff and me, they would refund half of the $500. I informed them that since I had signed no document or contract for the vehicle that stated this, and had also not been informed that this was the case verbally, I was due the full amount.

Furthermore I reminded the dealer that I had never taken possession of the vehicle, but that it had always remained at the dealer's lot. I was told that several customers had viewed the Jetta and expressed interest in it and were turned away because of my verbal interest in the car. Also I was informed that this was common practice for dealers to protect their business. I informed them that this was not the case, as I had had a similar situation with Childress Buick the year before, and had even taken possession of 2 different vehicles, and in the end, after changing my mind, was still given a full refund of the deposit that I had put down.

I informed the dealer that I would seek legal action if my deposit was not returned in full and was told that numerous other clients had in the past had similar situations and, in keeping with their policy, those deposits had also not been returned. I assume previously this practice has not been challenged. I was told that I was welcome to go to whatever legal ends I desired to obtain the full amount, but that it would result in a total loss of the $500 deposit. I want my full deposit back and see this as an attempt to swindle clients out of money that are unaware of the current consumer laws, under the guise of protecting business interests. The names of the 2 proprietors of Mary's Auto Sales are as follows: Mary Ornelas and Reuben Aguayo.

Christopher
Litchfield Park, Arizona
U.S.A.