Can a used car dealership keep your deposit if you decide against purchasing a vehicle?

Question Details:

My fiance called a dealership after seeing a truck they had online. This dealership is over 200 miles from our home. After talking to the salesman, my fiance was interested. They asked him to place a deposit of $3000 so that they wouldn't sell the truck. Due to his banking rules, he could only place down $1700 from his debit card, which he did. This was on Saturday 2/13/10. We decided against the purchase and now they say they will only refund $1200 because they "could have sold it" between Saturday night and Monday morning (they're closed Sundays). Can they legally keep our money?

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to and retain an attorney to represent you.