Arizona Consumer Rights law QUESTION Re: Mercedes Benz

Would like to know if any Hackrs /Attorney’s in Arizona can give me some advise …

Reserved a super Exotic Mercedes Benz about a year about from a Mercedes Benz authorized retailer in Arizona with a 50% deposit after signing a purchase order for an agreed selling price. Was not charged a premium for the vehicle agreed to pay MSRP. This was not a custom order was just a vehicle the dealership had inbound, however when the vehicle arrived the situations changed and had to back out of the sale and at this time such vehicles were and still are being sold at a premium on the first and second hand markets. After backing out of the sale the dealership said they will be keeping 20% deposit that was never disclosed on any documents or purchase orders that were signed, after going back and forth for some time they agreed to return half of the 20% deposit which they kept after the sale was canceled stating that in Arizona they are legally allowed to keep 20% of the deposits since they weren’t able to offer the limited production vehicle to other potential buyers and lost a market premium. It is a fact that the vehicle was sold at a much higher price from what was being offered and continues to sell at a premium.
Would like to know if this is legal in the state of Arizona for a dealership to voluntarily keep you money if you back out of a sale but never signed anything that gave them permission to do so.

P.S finding out for a friend I am in NYC not familiar with AZ/ west coast consumer rights with vehicles

Lot of info left out here…

Was a contract signed? How was this paid? 50% deposit of a “rare exotic mercedes”? Im confused as there is no such thing as a rare exotic new mercedes.

I wouldn’t hand a dealer money for 50% of the car without any written agreement of how it is refunded in case of cancellation. You can dispute the credit card transaction if it was paid by CC.

Can you find a law where it says a dealer can keep 20% deposit of a car?

1 Like

this was a limited production G550 4x4 squared $ paid via wire transfer P.O signed before wire sent

If it’s a really large amount of money, which it sounds like it is, it’s a no-brainer to hire an attorney to check the Arizona law statutes. I did when I looked into a dealership issue I had in Texas, it’s probably only a couple of hours work for the attorney.

I was going to guess a Maybach, completely forgot about the G Wagon 4x4 squared and 6x6.

2 Likes

Talk to a lawyer in the area where the dealer is located (if not the same as your immediate area).

Judging by some of the advice I’ve seen tossed around about contract matters here the past couple of days, you’re probably better off getting an answer from someone who actually knows the law where you’re located.

3 Likes

The contract would be a good place to start. What does it say about the deposit. If it says it’s refundable, it almost certainly is. If it says it’s not, then you probably want to consult a lawyer because state law may not allow that (fun general law fact, a contract can never nullify state law).

The amount of money here probably makes a lawyer worthwhile and I’d guess lawyers are a lot cheaper in Arizona than on a major East Coast city, which is my point of reference. It’s always a question of whether a lawyer is worth it since you will probably pay thousands in legal fees even if you win.

As an attorney I advise you to…consult an attorney. It’s the advice everyone here has espoused and it’s good advice. A local specialist will likely have statutory knowledge on topic ahead of time so you will get a quick evaluation on the best way to proceed. Best of luck!

3 Likes

Did you resolve getting your deposit returned back from the Mercedes dealer in Arizona? I am a qualified English lawyer (not Arizona) but willing to review the contract (at no fee) to help and give you my view and to point you in right direction.