Consumer Law, Warranties Can I get my $1,000 deposit back?

[mustang54]

A few years ago we were going to buy a motorhome. We gave the dealer a deposit he required of $1,000.00 on Friday. He said that he would hold it for 2 weeks until we got financing. It was for $46,000. Monday, 3 days later we changed our minds and advised him. He said that we were not getting our money back. He said in the 40 years he has been in business he has never returned a deposit. So we tried to get financing and this amount put us over the credit limit and the bank declined our request. We sent him a copy of the denial letter and again asked for our deposit, and he refused. The copy of the receipt he gave me does not say anything about deposits, or that you will forfeit your deposit. I have tried over the years writing to him and to various help lines, even faxed over paperwork to a local attorney who told me that you can try and sue him but if he does not return deposits there is nothing anyone can do. Is that legal? Can someone just keep your deposit after 3 days? I tried to stop the check but he went to the bank the same day we gave it to him. Can you help me, or think of anything I can do?
He is located 6 hours away from my home.

 

[presutin]

I have tried over the years writing to him and to various help lines, even faxed over paperwork to a local attorney who told me that you can try and sue him but if he does not return deposits there is nothing anyone can do

You have waited 3 years to take action? Hmmmm.... Try taking him to small claims court and see what happens. Present all the evidence you have to the magistrate and hope s/he rules in your favor. Hope this helps and good luck to you!

 

[dee_dub]

"He said that he would hold it for 2 weeks until we got financing."

What is the "it" there - the deposit, or the home you were purchasing? Whether you can get the deposit back depends on what your agreement was. It is not clear to me that he ever agreed he would refund your deposit if you couldn't get financing in the first place.