- Report: #1062757
Report - Rebuttal - Arbitrate
Complaint Review: Cavalier Buildings
Cavalier Buildings2133 Upton Drive, Suite 126-128 Virginia Beach, Virginia USA
Cavalier Buildings Sales promised us a building even if they had to finance themselves, took my $1,145 deposit & kept it! Saying I breeched the contract because they can'y find a financier! Virgin Beach Virginia
*Author of original report: Cavalier Apologizes
*Author of original report: Been Weeks Now Since We Talked Still No Willingness to Do the Right Thing!
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After looking for a building that we could place in our back yard we filled out some on-line info for various companies & Cavalier Buildings called us among others. They made an appoint to come to the house to see & speak to my husband & I on May 1, 2013. We were upfront with the salesman & told him our credit was bad & that we didn't believe we could get financing. The salesman assured that his people could get it & if they couldn't then they would simply finance it themselves, so come July we would be ready for our building & we agreed to display it for them, so we were allowed an even lower cost. We were assigned a young lady to handle our account that kept us informed of the various rejections, first Wells Fargo & then they decided to try a new leader that didn't work either. Our young lady then decide to try "thinking out of the box" & going with a totally new lender, but it took us nearly two weeks to get denied from this new lender. I then received a phone call on June 21, 2013 from our very polite young lady telling me that although they had tried every avenue they were unable to find us financing at this time. I told her that I wasn't surprised, that we had discussed that with the Salesman, but he assured us that since we would be doing their display program now that you all would find a way to finance us. She chuckled a little & said "Well no ma'am we don't do in house financing, but it was agreed that even though you broke the or breeched the contract instead of asking for the 50% of the total contract we are just going to keep the deposit & call it even. Isn't that good news ma'am!" I of course was stunned! By which I told her so, that I nor my husband never "breeched or cancelled" their contract they did by failing to find a financier or financing it themselves. Secondly, we were never told that our deposit was non-refundable. Side note here, after reading the contract again, in small print on the back it says that if the contract is breeched or broken the deposit is non-refundable. Now we know why they keep insisting that we broke the contract! So then she tells me if we'd like to put up a smaller building they could continue taking funds out of our bank account until that balance was reached then they would send the building, when asked about how long that would be, she said well it depends on the building & how much you want to pay each month, but about 8 years. So I'm to pay you for 8 years with nothing to show for it & hope during that time that you don't decide to go belly up or change your name. Her response, "You could always win the lottery." So I told our young lady that I would relay this information to my husband, but that I would like for her to schedule another visit from one of her rep's to come explain this in more depth to him, because he wasn't going to be happy. Aside from the fact that he told the salesman that they couldn't finance us & the salesman said that it would be no problem all he needed to do was worry about getting his yard ready, after all a month or two isn't very long to prep. Now our young lady told me that they don't normally do that, so I told her, "I'm sorry but I am not going to be the bad guy here & tell my husband that you aren't giving back his money nor are you going to send him a building. I think you all should explain this to him." She said ok she would try to schedule us in during the next visit in our area. Four days later my husband called her & asked to speak to her boss. He was told th at they'd rather have us as a friend than foe & that they would see what they could do about getting some of our money back to us. My husband told him he wanted the full deposit returned, so he said well he guessed it was better to have us as allies than as foes, but he would have to call us back the following day as he needed direction from his manager on this. Two days later my husband called again & all he was able to talk with was an answering machine. Today he tried again & he reached a manager who made the same offer of a smaller building while holding onto more of our money for an undetermined amount of years. The manager's first comment was well you broke the contract. Again, I fail to see how we broke this contract. It was up to them to find a financier & when they failed & choose not to cover it themselves like their Salesman stated they would, then they broke the contract. The conversation ended today with my husband threatening to pursue this matter with a lawyer if need be. After which the manager merely said they don't do refunds for any reason. Which I think is the case. I think they pick people who can't get financed just so they can keep whatever deposit they can get, because people like us are more likely to let it go as we don't have the funds to fight it. I may not have funds, but I guarantee I have a voice! After reading up on this company I don't know if I should feel ashamed for getting taken by them or just chalk it up to the fact that they are a southern company now operating in mid to northern states. But I'm asking for help in getting my deposit back.
This report was posted on Ripoff Report on 06/28/2013 12:00 AM and is a permanent record located here: http://www.ripoffreport.com/r/Cavalier-Buildings/Virginia-Beach-Virginia-23454/Cavalier-Buildings-Sales-promised-us-a-building-even-if-they-had-to-finance-themselves-t-1062757. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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