My rights to cancel contract based on delivery promise

[Kesh]

Hi everyone,

I've had a nightmare experience at a particular VW dealership, from being threatened, being mislead etc etc. Long story short, after poor communication after signing the contract (surprise surprise) and other very questionable actions, I was looking into ways to cancel the contract of sale, but there's really no way. To add to my burn, they've pushed their delivery date to possibly mid June, when the sales man promised a week after the contract was signed.

On the contract, I read that if the car is not delivered by 14 days of the delivery date, the buyer can cancel the contract. The estimated delivery date is the 30th of April, giving them approximately 10 days to deliver my car, but the car won't even be docked in Australia until the 28th of May.

Just a pity that a rubbish dealership is in the way of a brilliant car.

Just to be clear, I'm not wanting to cancel due to the delay as it's not always a dealer fault, but this delay is one of many things that has pushed things over the edge.

Thanks!

[d3vour3r]

sounds pretty clear in the contract that unless they get it to you y mid may you can cancel. you might have to wait for the date to pass before doing so.

[doc_777]

Call the office of fair trading/consumer affairs in your state or territory. They will be able to advise your options within the framework of Australian Consumer Law.

[agentthumb]

My rights to cancel contract based on delivery promise

As you are actually interested in buying a car, make another dealership work for you.

You can either renegotiate the price, or go in with the price and Explain your situation and see what they can do for you [emoji4] if they want you as a customer, the incentive of you buying the car from them instead is pretty great!

Bonus here is they know all the quasi-dodgy clauses they have built into these sorts of contracts, so they might be able to help you exploit some. Can’t hurt to ask [emoji4]

Just don’t take what they say as gospel tho. If in doubt, check with your own legal sources.


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[maca]

I would seek external advice before you speak to them so you know exactly what your rights and entitlements are.

If you go in to speak to them (wait until after the mentioned date), keep tight lipped about your knowledge and play dumb (to avoid cross fire). If they don’t honour their side of the agreement, kindly explain whatever information you may have gathered from your research.

This may be a good opportunity to renogotiate a new price or walk to a dealer who’ll provide you with a better purchasing experience.

[Kesh]

Thanks everyone for the brilliant ideas. I will speak to the ACCC to see what they say regarding this, and Agent thumb, that idea is genius, will definitely use that as there are 3 dealerships in my area.

[Mr T.]

Hi everyone,

I've had a nightmare experience at a particular VW dealership, from being threatened, being mislead etc etc. Long story short, after poor communication after signing the contract (surprise surprise) and other very questionable actions, I was looking into ways to cancel the contract of sale, but there's really no way. To add to my burn, they've pushed their delivery date to possibly mid June, when the sales man promised a week after the contract was signed.

On the contract, I read that if the car is not delivered by 14 days of the delivery date, the buyer can cancel the contract. The estimated delivery date is the 30th of April, giving them approximately 10 days to deliver my car, but the car won't even be docked in Australia until the 28th of May.

Just a pity that a rubbish dealership is in the way of a brilliant car.

Just to be clear, I'm not wanting to cancel due to the delay as it's not always a dealer fault, but this delay is one of many things that has pushed things over the edge.

Thanks!

I cancelled twice based on dealers promising so as to get my signature. The third time there were delays in the car and probably out of the dealers control - then my anger was directed at VW. Next time round I think I’ll wait for when there is stock on the floor.


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[Kesh]

I cancelled twice based on dealers promising so as to get my signature. The third time there were delays in the car and probably out of the dealers control - then my anger was directed at VW. Next time round I think I’ll wait for when there is stock on the floor.


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No issues cancelling after the cooling off period based on dealer promises? Guessing in writing?

[Mr T.]

No issues cancelling after the cooling off period based on dealer promises? Guessing in writing?

I signed over cooling off. But stipulated that I had the right to cancel if their delivery changed. I’ve ordered cars in the past saying we’d have it in a week and it was still on the boat at the point of origin.


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[Errol1098]

Have you actually spoken to the dealer and asked to cancel your order, in my experience most times they don't care unless it's something odd?

[Kesh]

I signed over cooling off. But stipulated that I had the right to cancel if their delivery changed. I’ve ordered cars in the past saying we’d have it in a week and it was still on the boat at the point of origin.


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Oh okay, we never stipulated that unfortunately, an oversight on our part.

Have you actually spoken to the dealer and asked to cancel your order, in my experience most times they don't care unless it's something odd?

We spoke before regarding one of the disputes and I asked if we can just cancel the contract, which is when he said since the cooling off is gone, we would "have to involve the lawyers".

Will see how I go.

[Paul_R]

I have never heard of a car dealership ‘involving lawyers’ over a car contract. That’s one sure fire way to lose business fast. If they have ****ed you around as much as you say they have then just tell them you want to cancel as your are not happy with their attitude. I’ve cancelled once (Audi) but the car turned up in the wrong colour, with the wrong gear box and in the wrong model year so they didn’t have a leg to stand on. They didn’t even argue. Just directed me to the office to arrange repayment of the $2000 deposit. Speak to another dealer if you want and ask them to sort it out.

Edit: gee, the auto censor is a bit sensitive.

[Kesh]

That just infuriates me a bit more than I already am. I was a little shocked when they mentioned lawyers as to me at least, it didn't seem like anything was finalised, the car is on a ship, and the finance department haven't even approved me.

Your situation is pretty ridiculous, I'm not sure how they messed up that bad.

I'll be emailing the ACCC just so I can arm myself with as much information as possible, will also speak to another dealership.

Any recommendations for good dealerships, I notice you're quite far from Metro Melbourne though.

[Kesh]

According to the Motorcar Traders Regulation 2008, I should stand a very good chance with this because of the following:

Delays in delivery

3.

(1) The seller must make every reasonable effort to make the purchase
vehicle available for delivery on or before the delivery date stated
in this agreement. Where delivery is delayed more than 14 days
the purchaser may terminate this agreement by notifying the seller
in writing, unless the delay is caused by the purchaser.

The only thing here that's possibly stopping me is that the delivery date is an "estimate" but I would think this would account for the 14 day period they have.

[Rooboy]

Involving "lawyers" seems like a bluff to me - if they haven't performed a task they were supposed then you should be able to cancel the order and get the deposit refunded but if it's not in the the contract then you would likely lose the deposit.

I bought my latest car over the phone and added 3 conditions - that it was subject to availability, finance and a test drive. If any of the 3 conditions weren't met I could cancel and get my deposit back.