Extensive hail damage

[hoi polloi]

Just put down a deposit on a TSI 118 DSG the other day at VW OP.

If you're overly concerned about it ask up front whether the car has been damaged (maybe even ask to see it)...

I don't know what the law is in WA but I'm sure there should be a "cooling-off period" in the contract (here in NSW it's 14 days IIRC) during which time you can withdraw without penalty... If you're out of the cooling off period will you lose all of your deposit? Questions to ask...

If you're overly concerned (and it sounds like you are) then maybe getting out of it is the best option...

Regards,
- Anthony.

[Corey_R]

If your car has been damaged prior to delivery and repaired, the dealer must disclose this to you. It's illegal for them not to. There is a link somewhere in this thread about a dealer in Sydney that had a class action lawsuit against them for that very reason, and the ACCC came down on them hard.

[emuexport]

Thanks for the info guys.

If you're overly concerned about it ask up front whether the car has been damaged (maybe even ask to see it)...

I don't know what the law is in WA but I'm sure there should be a "cooling-off period" in the contract (here in NSW it's 14 days IIRC) during which time you can withdraw without penalty... If you're out of the cooling off period will you lose all of your deposit? Questions to ask...

If you're overly concerned (and it sounds like you are) then maybe getting out of it is the best option...

Regards,
- Anthony.

I've asked already about the condition of the car basically as soon as I got sent the e-mail.

There is no cooling off period as stated in the contract and I didnt have an issue with it as the car was right on the shop floor. Lesson learnt there.

Will see what happens in the coming days.

If your car has been damaged prior to delivery and repaired, the dealer must disclose this to you. It's illegal for them not to. There is a link somewhere in this thread about a dealer in Sydney that had a class action lawsuit against them for that very reason, and the ACCC came down on them hard.

Not so much worried about them not disclosing it but forcing me to buy a car which has already been repaired. Which in my mind is no longer new and I may as well wait for a new one to arrive.
Do I still have to buy the car if it has been repaired?

I am concerned. I just dont enjoy being a mushroom when it's my dosh and would like to know whats gonna happen as opposed to being told.

The wife tells me to just chill out and not worry. So might go have a drink!

[hoi polloi]

There is no cooling off period as stated in the contract and I didnt have an issue with it as the car was right on the shop floor.

Ouch.. According to this there is no cooling off period in WA...

If this is the case find out what you're up for if you pull out of the deal - weigh up the pros and cons when you find out the damage to the vehicle (the delay may be due to it being assessed by insurance)...

Regards,
- Anthony.

[R34]

I was at the Audi dealership today and while their cars were trashed they said only two cars were damaged at the Subaru/VW dealership less than a km away.
So chances are your car is OK..fingers crossed

[emuexport]

yup.....

Also states:
"8.2 If this Contract is validly terminated by the Dealer, the Dealer may seek an amount up to, but not exceeding, 15% of the Total Purchase Price of the Vehicle as pre-estimated liquidated damages."

The delay is due to it being assessed. I feel bad for the dealers as some of the cars really copped it from what I saw today.

I just want a fully sick smick VeeDub!

[emuexport]

I was at the Audi dealership today and while their cars were trashed they said only two cars were damaged at the Subaru/VW dealership less than a km away.
So chances are your car is OK..fingers crossed

Thanks for the info. I did a drive by to check out some of the damage on scarborough beach road and Holden looked wrecked from memory. Lexus looked showroom and VW had the cars with the arse to the road. So who knows fingers crossed indeed.

[gareth_oau]

emu, a 'cooling off' clause wouldnt be relevant here. cooling off clauses are typically to stop people from impulse buying from door-to-door salesmen.

however, you have signed a contract to buy a car, and if the car is damaged prior to delivery, then the dealer must advise you, and the dealer must supply you with a new one, or you would have the right to terminate with a full refund.

contact this mob to get further confirmation of your rights

http://www.docep.wa.gov.au/ConsumerProtection/

[Tigger]

wow...what an ordeal for you all!
Very sorry to hear about it all. I am a perth boy now living in sydney, and can not ever remember such a serious hail storm situation.

So is this the time to go into the paintless dent removal business or panel beater business??!!!

I know a miracle worker of a guy here in Sydney (Dents R us). He has done work for us and is amazing at removing all sorts of dents. Might be worth contacting him to fly over...ha ha.

All the best guys...and as far as going through with the purchase if your car has been damaged: lose the deposit and save the worry...

[nicandlance]

Thanks for the info guys.

I've asked already about the condition of the car basically as soon as I got sent the e-mail.

There is no cooling off period as stated in the contract and I didnt have an issue with it as the car was right on the shop floor. Lesson learnt there.

Will see what happens in the coming days.



Not so much worried about them not disclosing it but forcing me to buy a car which has already been repaired. Which in my mind is no longer new and I may as well wait for a new one to arrive.
Do I still have to buy the car if it has been repaired?

I am concerned. I just dont enjoy being a mushroom when it's my dosh and would like to know whats gonna happen as opposed to being told.

The wife tells me to just chill out and not worry. So might go have a drink!

I would go down (unannounced) and ask to see the car... before they get the opportunity to repair it. If it is damaged, it is not the car you put a deposit on.
Having said that, if you decide not to go through with the sale there should be no issue - you should get your deposit back! I'm with Gareth... cooling off period not relevant in this case.

[emuexport]

Thanks again guys for all the info.

Might have to drop in and check it for myself after calling DOCEP.

My thoughts are I put a deposit on a new car and if it is now damaged the term new no longer applies. But will check what DOCEP have to say.

[nicandlance]

You are not getting what you put a deposit on if the car is damaged and then repaired.....
Try not to stress about it (yep... good coming from me after all the worry I had )

[hoi polloi]

a 'cooling off' clause wouldnt be relevant here.

You're right, of course... While not strictly "cooling off" as such (as others have mentioned the vehicle is not in the same condition as when you laid down the deposit)...

The only reason I mentioned cooling off if that if it applies it gives you the opportunity to walk away and have all money returned without having to give any reason or enter into any debate...

Regards,
- Anthony

[Frankenstrat]

I was putting my bag in the boot of the car this morning following my regular swim and noticed a single tiny dent in the roof of my car from hail stone damage. Not quite enough to consider the car a write-off though but enough to irritate me every time I wash it!

[Corey_R]

I was putting my bag in the boot of the car this morning following my regular swim and noticed a single tiny dent in the roof of my car from hail stone damage. Not quite enough to consider the car a write-off though but enough to irritate me every time I wash it!

Lol - that's a bit dramatic ain't it ?
I understand your frustration for it being a new car and all, but a single dint would cost less than $100 to repair via a paintless dent removal. Obviously that is a few hundred dents away from being considered a write off!

It's so minor it's not even worth an insurance claim!