Hey folks, I’m looking for anyone who might have knowledge of my rights as a buyer in NY state. Here’s the story:
I am buying a new Subaru Outback. I called a dealer who we had bought from previously, was told a model with the color and options I want was on the lot and schedule a test drive. When I arrived, it was not the interior color he had said, but he started pushing me to just take that one.
I said no, we moved to his office and talked price and incentives, got things settled in a way I was happy with. He assured me he could get me the color I wanted from another dealer and have it by the end of the week. I paid a $5,000 deposit and they took the title for my trade in, we signed a contract (that specifies the color and options and incentives we had discussed).
Now tonight he’s calling to say no other dealers have the color I want, but they can give me the one from their lot (from the test drive) with a special stain treatment. No thanks. If I’m spending all this money I want the color I want and that we signed a contract for.
Then I called a dealer about an hour away that shows 9 different vehicles with my color available on their online inventory. They run the stock numbers for all of them and have 5 available at that lot and 2 available at another lot.
So here I am. Someone is lying to me. Either Dealer A, who I’ve got the contract with is lying (probable), or Dealer B is lying to get me to come out to their lot and try to pressure me.
How can I get my money back for this deposit? What are my legal options?