So in this situation what was the point of a deposit anyway? One needs to examine the facts and circumstances.
This is a two way street. So Customer 1 put a deposit on Truck (no contract in written) and will purchase it for $xxxx. The truck is delivered, Customer 2 comes in and says "hey I want that truck" and agrees to pay $xxxx plus $3,000. So the dealer sells the truck to customer 2, who is willing to pay more and refunds said deposit to Customer 1.
Poor business yes, legal?
The fact that the dealer did not have a written contract does not bode well for either the buyer or the seller. Although, one could argue there was an implied contract since there was an exchange of funds and the dealer performed by ordering the truck.
Again facts and circumstances gentlemen...