Help Me Hank: Car Deposit

If you've ever grappled with an out of control unfoldable map… If you've ever tried to read street names printed in the World’s smallest type and drive at the same time, then you'll understand why James Healy was so delighted when he found the new car he ordered could have one of these:

"Turn left please."

An easy-to-read easy-to-follow in-dash GPS talking navigation system.

James Healey, Car Buyer
"I had tried it out on another persons car and I thought it was great fun."

In fact Healy says the navigation system clinched the sale.

Hank Phillippi Ryan, Investigative Reporter
"So, was that a deal breaker?"

James Healey
"It was one of the reasons I wanted a new car."

So James signed the sales agreement and gave the dealer a deposit.

Hank Phillippi Ryan
"Of how much money?"

James Healey
"One thousand dollars."

But then, notice from the manufacturer, the car was not available with the navigation system -- the solution seemed simple.

James Healey
"Give me my deposit back."

Hank Phillippi Ryan
"And they said?"

James Healey
"No way, absolutely not."

In fact, the salesman insisted James had to buy the car anyway, the deposit was not refundable.

Hank Phillippi Ryan
"What did you say?"

James Healey
"I said that's unfair and they said we're keeping it."

Starting five months ago, James left complaining messages at consumer agencies and the car manufacturer.

James Healey
"They haven’t called yet."

Bottom line -- no car and no money back.

James Healey
"I watch 7News all the time and I keep hearing "Help Me Hank" and I said that’s where I'm going to start, right there."

Now we found the key to the problem. We showed James his sales agreement: specifically this little box, especially this blank place. The blank place means James gets his money back!

Hank Phillippi Ryan
"Now it shows right here that you didn’t initial that part."

James Healey
"I can see that, yes."

And as we reminded the dealer, state law says that they can only keep the deposit if the customer agrees by putting their initials here. James did not.

Hank Phillippi Ryan (on phone)
"So he should get his deposit back, no question."

Now James is in the market again for a new, new car -- he's still looking for one with that talking navigation system. But at least he has this $1,000 refund check to help pay for it.

James Healey
"I was very happy, I got it right to the bank and deposited it."

For more information on your car buying and car repair rights check out the "Car Smart" Guide and information from the Massachusetts Office of Consumer Affairs.

The Attorney General's website also has information about automobile consumer rights.