Legal Question in Consumer Law in Texas
ive recently made a deposit on a car, in witch the dealer said he would hold the car, made a second deposit but did not fill the quota for down payment, and have not taken delivery of the car, ive since changed my mind and would like my deposit back, they say theres a restocking fee witch i understand but have not taken delivery of the car is this right
1 Answer from Attorneys
The first place you need to look is any agreement you made to purchase the car. It probably says you will surrender a "restocking fee" if they hold the car for you but you end up not buying it. It's really more of a holding fee because they agreed not to sell the car to anybody but you so they were deprived of other opportunities to sell the car. They are "restocking" the car back into their inventory to sell. As long as the fee is a reasonable amount it is probably a legitimate fee. However, if there is no fee described in the agreement you signed then whether the fee is legitimate is a more complicated question.
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