Legal Question in Business Law in New York

Deposit on Camper

I called The Great Outdoors, upstate, New York to find out about a camper for sale. After several conversations with the sales people, I decided to see if I could get financing on one specific camper. With this, they said I had to put a $200 deposit down, in order to check in on the paperwork, loan, etc. I called local dealers in my neighborhood who informed me they would NOT honor the warrantee from upstate, because I'm buying from upstate. I called the Great Outdoors with my concerns, and they said I would be fine. But after calling other dealers in the areas, I got the same response. I received all the paperwork for the loan and reviewed it carefully. It was a 14 yr loan, which totaled out to almost 50,000 for a 13, 000 camper. I wrote them and explained I decided NOT to go ahead with the transaction, due to the loan, and no one honoring the warantee. I explained I possible couldn't spend that kind of money on a camper.

They informed me my $200 is not refundable!!! The salesman promised me it was, or I wouldn't of put it down on a transaction I knew nothing about at the time.

I called the BBB and the Great Outdoors is still refusing to pay me my money. Any suggestions what I should do??? I appreciate i


Asked on 10/10/07, 10:17 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Deposit on Camper

You may have a case in small claims against the merchant, but they may be able to defend their keeping the deposit as covering their costs on getting the credit report, working out the financing deal, etc. on a deal that you backed out of at the last minute, after they had done all their legwork, and that's a good defense. The decision whether or not the $200 is to be refunded to you will be up to the judge. Small claims decisions can be appealed to the Supreme Court in NY (not the US Supreme Court), but that can get to be more money than you originally lost.

You don't need a lawyer for small claims; if you decide to bring the case, you'll need to bring it in the county in which the offending store is located.

Good luck.

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Answered on 10/19/07, 7:53 pm


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