Faribault Harley Davidson Inc

Initial Business Response /* (1000, 8, 2016/02/26) */
In response to the complaint, I was the salesman that worked with the husband of Mrs [redacted]. Her husband arrived around lunch time to look at a bike. After working with the customer for 3+ hours and finally agreeing on a number for him to...

purchase, he was well aware of the process of putting down a none refundable deposit. He seemed to be very pleased with the agreed price and he also inquired about how much he can put down for deposit. And then proceeded to go to our finance office with signed customer agreement to put money down. I got a call from the husband on Tuesday morning and he said he wanted to cancel the bike deal cause he found it cheaper elsewhere. When I asked him if he was fully aware that he put down a non refundable down payment for the purchase of the bike he acknowledged that and asked if there was anything we could do. I responded back and told him I would discuss that with my sales manager, The customer seemed to be ok with that. With Mrs [redacted] not being present during the 3 hr sales process, we instantly got a call back telling me that we run a bad business because we stuck to our policy of a non refundable deposit. She then asked for me to fax her the signed customer agreement. That states in bold red letters the disclaimer, with the last sentence above the signature line, " I am also aware that the motorcycle deposit is non-refundable." As I did fax her the following morning, with it showing her that her husband signed it and then put money down. She called back again and we came to an agreement to refund her all of the money except the required $500 non refundable deposit. My sales manager said she was fine with that, as we thought the problem had been resolved. Only to get the Revdex.com complaint from her. I will 100% back our policies and sales process, being I was the one that had worked with her husband for over 3+ hours. I also will hold myself and my employees accountable if the policies and process is not followed. I also will give exceptions to certain situations on an individual basis, that being the refund we did give her. Please contact me if there is anymore questions you may have. Thank you for the opportunity to respond.
Initial Consumer Rebuttal /* (3000, 10, 2016/03/03) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Much of what was stated by the salesman above is correct. Customer did visit the dealership with the hopes of purchasing a bike. He did visit with the salesman for a lengthy period of time, and he did ultimately decide to purchase the bike for the price determined on that day. Where things become unethical is with respect to the "customer agreement" (not appropriately labeled this, or anything, on the actual single sheet of paper). This form was to provide my contact information along with a purchase estimate for the bike. It was not an official purchase agreement, thus any disclosures such as a non-refundable deposit were not expected to be on such a form, and were NOT disclosed in person by either the salesman or the finance representative. Again, I would like to emphasize that the "non-refundable" deposit was NOT "discussed" until the phone call the following business day. Though it was printed on the form signed by us (the customer), in small lettering, it was not verbally acknowledged at any time on that initial visit.
The ideal opportunity to disclose this "policy" to the customer would have been when he was deciding how much of a deposit to put down. He determined to put down $1000.00, completely unaware of this policy.
Finally, the salesman and manager acknowledged that they will grant exceptions to "certain situations", yet they have refused to refund us our full deposit. This is an unfair and unethical business practice in every way. The customer received NOTHING in return for the $500 the dealership kept. This is, in our opinion, an outrageous, unethical, and poor way to conduct business with the public; and thus, theft by deception.