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# 215361 24-Jun-2017 08:13
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I've ordered a new car from a dealer, paid $2000 non refundable deposit. The orders are done once a month and I've missed this months order. I've had 3 minor things not go my way and am a bit disappointed, and wondering if there's any chance I can get that deposit back.



First thing was I bought the car during a promotion with $500 free accessories, but they say my purchase is excluded as it won't arrive within the promotional period.



Second thing was $1000 for on road costs!? A brand new motorcycle orc is $500 which is understandable when licencing is around $520 per 12 months, so how do they justify $1000 on vehicle with $80 annual licencing costs?



Thirdly there is a promotion running, kindof like a lease to own, $99/week (no deposit) including servicing and insurance. But dealer told me yesterday on the manual version which is cheaper, and including the deposit already paid (which isn't part of the $99/week so should reduce payments), the payments will be higher, and only include 1 year not 3 of insurance.



I've signed a purchase agreement, whatever the document is called that is standard when buying any car, not sure if I'm totally screwed now, but the above has taken the shine off the experience of buying my first new car.

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Mad Scientist
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  # 1805958 24-Jun-2017 08:19
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you have to read what you've signed.

 

not sure about legal overriding cool off period rights.

 

i've only ever bought one new car -worst mistake as i fell out of love as quickly as my stomach was getting hungry.





Involuntary autocorrect in operation on mobile device. Apologies in advance.


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  # 1805962 24-Jun-2017 08:35
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You are making a significant purchase so you performed the necessary due-diligence including test drive, comparative shopping, options analysis, deciding on the colour, forming a relationship with the dealer. Reviewed the purchase agreement.

The purchase agreement covered all of the items you mentioned. You signed it.

If you didn't do all of the items I mentioned, you have just learned an expensive lesson.




BlinkyBill


 
 
 
 




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  # 1805963 24-Jun-2017 08:46
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BlinkyBill: You are making a significant purchase so you performed the necessary due-diligence including test drive, comparative shopping, options analysis, deciding on the colour, forming a relationship with the dealer. Reviewed the purchase agreement.

The purchase agreement covered all of the items you mentioned. You signed it.

If you didn't do all of the items I mentioned, you have just learned an expensive lesson.


Your not quite correct there. I signed based on the advertised finance promotion, they altered the deal after paperwork was signed, and I would never have bought the car on the finance terms as they offered them yesterday.

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  # 1805964 24-Jun-2017 08:54
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Firstly, it sounds like a bit of buyer's remorse going on.
You have entered into a contract with an offer and acceptance and consideration paid in the form of the deposit. I believe the only way to get your deposit back is for them to fail to deliver the vehicle as ordered.
With respect to the accessories package, unless they told you at the time that your deal excluded the package due to its delivery time, then I think (not a lawyer) you have a pretty good argument that since the deal was done during the time that promotion was running then you can reasonably expect to receive that benefit.
For the lease to buy deal, that isn't what you signed up to, so the vendor is under no obligation to alter the deal in your favour.
On road costs are by negotiation in my experience, I insist on them being borne by the dealer when I am negotiating the purchase. But it has to be done during negotiation.

If it nothing can be changed, then just enjoy your new vehicle when it arrives. No point in being eaten up over what coulda/shoulda been.

Edit: Just saw your reply post above. It changes things if they have altered things after the fact. But it may all come down to the wording of what you signed.




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  # 1805967 24-Jun-2017 09:01
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Geese:
BlinkyBill: You are making a significant purchase so you performed the necessary due-diligence including test drive, comparative shopping, options analysis, deciding on the colour, forming a relationship with the dealer. Reviewed the purchase agreement.

The purchase agreement covered all of the items you mentioned. You signed it.

If you didn't do all of the items I mentioned, you have just learned an expensive lesson.


Your not quite correct there. I signed based on the advertised finance promotion, they altered the deal after paperwork was signed, and I would never have bought the car on the finance terms as they offered them yesterday.

 

 

 

Are you saying they unilaterally changed the agreed finance package after  you signed applying terms you didn't sign? 





Mike
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The views stated in my posts are my personal views and not that of any other organisation.

 

There is no planet B

 

 




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  # 1805968 24-Jun-2017 09:01
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Dingbatt: Firstly, it sounds like a bit of buyer's remorse going on.


No not at all, mainly this is about them advertising a finance deal, but I have to pay $2k to get the car ordered, and then once I do the alter the finance to cost far more for less in return and I'd never have bought the car based on the altered deal. Feels bait and switch.

 
 
 
 




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  # 1805970 24-Jun-2017 09:09
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freitasm: Again look at what you signed.


I've looked at and understand what I've signed. I haven't signed any finance paperwork because they say they can't do that without a VIN, but the advertised deal is very clear to what it costs and includes and they said I could get it so I paid the order deposit, but then they rang me to go see them and when I did it was to inform me for some inexplicable reason, they aren't going to honour what they advertise and are advertising Nationwide.

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  # 1805971 24-Jun-2017 09:12
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check with a lawyer but my understanding is you have signed a sale and purchase document only, the transaction has not been completed so I believe you can cancel.





Mike
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The views stated in my posts are my personal views and not that of any other organisation.

 

There is no planet B

 

 


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  # 1805972 24-Jun-2017 09:20
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MikeB4:

 

check with a lawyer but my understanding is you have signed a sale and purchase document only, the transaction has not been completed so I believe you can cancel.

 

 

To me, its binding. Offer has been accepted, in writing, it is an enforceable contract. Consideration is there, the purchase price. The $2k isn't relevant I believe. The issue I feel is if they changed the terms after signing. 


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  # 1805976 24-Jun-2017 09:39
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Geese:
freitasm: Again look at what you signed.


I've looked at and understand what I've signed. I haven't signed any finance paperwork because they say they can't do that without a VIN, but the advertised deal is very clear to what it costs and includes and they said I could get it so I paid the order deposit, but then they rang me to go see them and when I did it was to inform me for some inexplicable reason, they aren't going to honour what they advertise and are advertising Nationwide.

 

In that case you can bring it up with the franchise manager, stating that the deal is not the same as what you signed up for and you want to cancel. 3 things can happen

 

1. they accept, you cancel.

 

2. they offer you the deal and you are pressured to accept. you can try to cancel.

 

3. they laugh at you. you take it to the national head office and complain, newspaper, fair go, ?disputes tribunal, etc

 

4. unless they are complete a-holes, a non refundable deposit can still be refunded because you haven't got any car, they haven't ordered any car, and the bottom line is no car has been registered under your name. 

 

 





Involuntary autocorrect in operation on mobile device. Apologies in advance.


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  # 1805977 24-Jun-2017 09:40
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tdgeek:

 

MikeB4:

 

check with a lawyer but my understanding is you have signed a sale and purchase document only, the transaction has not been completed so I believe you can cancel.

 

 

To me, its binding. Offer has been accepted, in writing, it is an enforceable contract. Consideration is there, the purchase price. The $2k isn't relevant I believe. The issue I feel is if they changed the terms after signing. 

 

 

It's binding on the basis that once a car has been registered under a name, it is a used car, and it no longer can be sold as a new car. until that has happened, there is every chance to get it back. how hard will depend on how hardball the dealership wants to be.

 

of course legally - then it's up to the judge. their rule can be amazingly interesting to the lay person. if you can get away with murder, then you can get away with drink driving, then you can get away with buying a car that's been registered to you, then you can get away with a $2000 deposit when no car has been registered and the purchase terms have magically changed (although it doesn't sound like they were all in black and white writing!)





Involuntary autocorrect in operation on mobile device. Apologies in advance.


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  # 1805978 24-Jun-2017 09:41
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Geese:
BlinkyBill: You are making a significant purchase so you performed the necessary due-diligence including test drive, comparative shopping, options analysis, deciding on the colour, forming a relationship with the dealer. Reviewed the purchase agreement.

The purchase agreement covered all of the items you mentioned. You signed it.

If you didn't do all of the items I mentioned, you have just learned an expensive lesson.


Your not quite correct there. I signed based on the advertised finance promotion, they altered the deal after paperwork was signed, and I would never have bought the car on the finance terms as they offered them yesterday.

You signed an agreement, whatever the terms of that agreement is what they have to deliver. If the agreement says things can vary depending on when delivery happens, or whatever, then that's the deal.

I hope the agreement doesn't say they can deliver any colour of car.




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  # 1805980 24-Jun-2017 09:47
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BlinkyBill:
Geese:
BlinkyBill: You are making a significant purchase so you performed the necessary due-diligence including test drive, comparative shopping, options analysis, deciding on the colour, forming a relationship with the dealer. Reviewed the purchase agreement.

The purchase agreement covered all of the items you mentioned. You signed it.

If you didn't do all of the items I mentioned, you have just learned an expensive lesson.


Your not quite correct there. I signed based on the advertised finance promotion, they altered the deal after paperwork was signed, and I would never have bought the car on the finance terms as they offered them yesterday.

You signed an agreement, whatever the terms of that agreement is what they have to deliver. If the agreement says things can vary depending on when delivery happens, or whatever, then that's the deal.

I hope the agreement doesn't say they can deliver any colour of car.

 

they ain't delivering a $40,000 car when you've only paid $2,000 and it doesn't sound like you are gonna pay the next $38,000. which means they have to sell a used car at a $2,000 discount to break even. no way they'd do that. no way they'd give you the car without you paying the other $38,000.

 

furthermore, this is a dealership with a reputation to protect. it's not some 2cheapcar yard.





Involuntary autocorrect in operation on mobile device. Apologies in advance.


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