Above Forum Ad

Collapse

Announcement

Collapse
No announcement yet.

Broken sales contract - what to do?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Originally posted by tigger73 View Post
    Business manager is basically the person that deals with finance and any payments.

    If you want the car you need to be talking to the sales manager and/or if you get no satisfaction there the dealer principal who everyone at the dealership reports to.
    Good advice.

    I have escalated to the sales manager. Let's hope there is some sense of honesty there.

    Comment


    • #17
      Do you have an actual contract from the dealership, if you have an actual contract then check with your states consumer body. They may have breached the terms of their trading license. Also it may be worth contacting VW Australia and querying it with them.

      Comment


      • #18
        Originally posted by Sp8ctre View Post
        Do you have an actual contract from the dealership, if you have an actual contract then check with your states consumer body. They may have breached the terms of their trading license. Also it may be worth contacting VW Australia and querying it with them.
        There is nothing in the Sales Contract that is a penalty if the Dealership fails to honour the agreement.

        It's all worded in the Dealership's favor.

        If the customer fails to pay the remaining money that is owing, they can charge you interest and penalties.

        If they fail to delver the vehicle, there is nothing in there that obliges them to deliver.

        These standard vehicle Sales Contracts are quite awful from a consumer rights perspective.

        There are also clauses in there that allow the dealership to increase the price from the time you sign till the time it is delivered.

        Comment


        • #19
          Originally posted by FastMitch View Post
          There is nothing in the Sales Contract that is a penalty if the Dealership fails to honour the agreement.

          It's all worded in the Dealership's favor.

          If the customer fails to pay the remaining money that is owing, they can charge you interest and penalties.

          If they fail to delver the vehicle, there is nothing in there that obliges them to deliver.

          These standard vehicle Sales Contracts are quite awful from a consumer rights perspective.

          There are also clauses in there that allow the dealership to increase the price from the time you sign till the time it is delivered.
          You have to make your own (legal) contract and let them sign it. Otherwise when negotiating write in your conditions.
          Performance Tunes from $850
          Wrecking RS OCTAVIA 2 Link

          Comment


          • #20
            Originally posted by Transporter View Post
            You have to make your own (legal) contract and let them sign it. Otherwise when negotiating write in your conditions.
            I wrote a list of conditions (although the additional conditions section is limited by words) for what they were to supply me.

            I even crossed out the dodgy section that allows them to change the price from contract signing to delivery date.

            I expect if I added a condition for 'the dealer to pay a penalty' for failing to supply the vehicle by a due date, the dealer would never have signed the Sales Contract.

            Let me know from your experience if you have been able to get a dealership to sign an agreement where they pay a penalty if they fail to deliver the vehicle by an agreed date or something similar ?
            Last edited by FastMitch; 03-10-2018, 07:54 AM.

            Comment


            • #21
              I can't imagine any dealer ever signing that clause!

              It will usually be limited to letting you cancel a contract with a deposit refund if delivery isn't met by a certain date, or the price has moved by delivery (I had one of these back in the day when any Mk6 GTI order was 6-9 months).

              --- FS: 2016 Golf GTI 40 years, white, DSG, 18,xxxkm -------------------------------------------------------------------
              2019 Audi SQ5 | 2016 Golf GTI CS + OZ UL HLTs | Retired: 2018 Audi RS3 sportback + OZ Leggera HLTs
              2017 Golf R Wolfsburg Sportwagen | 2016 BMW 340i + M-Performance tune/exhaust | 2015 Audi S3 sedan
              2014 Golf GTI + OZ Leggera HLTs | 2012 Polo 77TSI (hers) | 2010 Golf GTI Stage 2 + OZ ST LMs

              Comment


              • #22
                Originally posted by FastMitch View Post
                I wrote a list of conditions (although the additional conditions section is limited by words) for what they were to supply me.

                I even crossed out the dodgy section that allows them to change the price from contract signing to delivery date.

                I expect if I added a condition for 'the dealer to pay a penalty' for failing to supply the vehicle by a due date, the dealer would never have signed the Sales Contract.

                Let me know from your experience if you have been able to get a dealership to sign an agreement where they pay a penalty if they fail to deliver the vehicle by an agreed date or something similar ?
                From my experience, if you negotiate hard, playing hardball and going for the best deal, you just open yourself to all sorts of cons. Especially, if dealing with the interstate dealers.


                Sent from my SM-N950F using Tapatalk
                Performance Tunes from $850
                Wrecking RS OCTAVIA 2 Link

                Comment


                • #23
                  Originally posted by Transporter View Post
                  From my experience, if you negotiate hard, playing hardball and going for the best deal, you just open yourself to all sorts of cons. Especially, if dealing with the interstate dealers.
                  Not sure I follow

                  Are you saying by me negotiating a good price I brought this on myself to be screwed over by the dealer ??

                  Comment


                  • #24
                    Originally posted by FastMitch View Post
                    Not sure I follow

                    Are you saying by me negotiating a good price I brought this on myself to be screwed over by the dealer ??
                    Did you not allude to that in your original post? Not saying that the dealer's actions are justified of course but I suspect from what you've written that the dealer has gazumped you.

                    You really need to sit down face to face with the sales manager or dealer principal to get to the bottom of it and to be honest, if it seems that is what happened and you can't get the deal you agreed to actioned, get your money back and find another dealer. The fact that you couldn't get a VIN number is highly suspicious.

                    Originally posted by FastMitch View Post
                    I suspect that as I negotiated a good price, they gave the Tiguan to some other buyer who was willing to buy it at a higher price.
                    06 Jetta 2.0TFSI Killed by a Lexus!
                    09 Eos 2.0TSI DSG Loved this car but has now gone to a new home!!
                    14 EOS 2.0 TSI has arrived!

                    Comment


                    • #25
                      Best to get the story straight from the sales manager/dealer principal.

                      By the sounds of it they’ve sold you the vehicle with the spec you’re after without the stock/allocation and needed to swap a vehicle to get you your car. This is not unusual and happens all the time.

                      It could possibly have been that the stock controller hasn’t done his job or it my be that he just couldn’t get in by the 1 October. But either way it’s poor form not to keep you informed and particularly if they were having trouble getting your car by the contract date.


                      Sent from my iPhone using Tapatalk

                      2017 Tiguan Sportline - Tigger73's 162TSI Sportline

                      2016 Scirocco R, stage 1, 205kwaw (sold) - Tigger73's Scirocco R Build
                      2013 Tiguan 155TSI, stage 1, 144kwaw (sold) - Tigger73's 155TSI Build
                      2011 Tiguan 125TSI, Stage 2+, 152kwaw (sold)
                      - Tigger73's 125TSI Build


                      Comment


                      • #26
                        Originally posted by VW Convert View Post
                        Did you not allude to that in your original post? Not saying that the dealer's actions are justified of course but I suspect from what you've written that the dealer has gazumped you.
                        I went to a VW dealer, agreed on the price for a new car and 4+ months later the dealer reneges on the deal and that is my fault ??

                        Wow, maybe you are in the car industry or a dodgy tradie that believes this behavior is either legal or appropriate by businesses

                        Comment


                        • #27
                          Originally posted by tigger73 View Post
                          Best to get the story straight from the sales manager/dealer principal.

                          By the sounds of it they’ve sold you the vehicle with the spec you’re after without the stock/allocation and needed to swap a vehicle to get you your car. This is not unusual and happens all the time.

                          It could possibly have been that the stock controller hasn’t done his job or it my be that he just couldn’t get in by the 1 October. But either way it’s poor form not to keep you informed and particularly if they were having trouble getting your car by the contract date.
                          Just waiting on a response from the Sales Manager atm

                          Comment


                          • #28
                            Originally posted by FastMitch View Post
                            I went to a VW dealer, agreed on the price for a new car and 4+ months later the dealer reneges on the deal and that is my fault ??

                            Wow, maybe you are in the car industry or a dodgy tradie that believes this behavior is either legal or appropriate by businesses
                            Not sure where you get the impression I think it's your fault, perhaps re-read what I actually wrote.

                            Cheers

                            George
                            06 Jetta 2.0TFSI Killed by a Lexus!
                            09 Eos 2.0TSI DSG Loved this car but has now gone to a new home!!
                            14 EOS 2.0 TSI has arrived!

                            Comment


                            • #29
                              Originally posted by VW Convert View Post
                              Not sure where you get the impression I think it's your fault, perhaps re-read what I actually wrote.

                              Cheers

                              George
                              I think not getting the car after having planned it months in advance has unnecessary got me wound up

                              All good mate

                              Comment


                              • #30
                                Originally posted by FastMitch View Post
                                I think not getting the car after having planned it months in advance has unnecessary got me wound up

                                All good mate
                                Not a problem, I understand how upsetting it is to be stuffed around.

                                I went through something similar when I bought my first VW in 2006, it was allegedly on a boat in transit when I placed the order. They knew I had a deadline as the lease on my car had under 3 months to run but when I turned up a week or 2 before the anticipated delivery date to check on progress, the story changed and it was still on the production line. I'm convinced they sold it to someone else and what pissed me off most was that I had compromised on a couple of options to get the one that was in transit whereas if they had been honest, I could have had those options because the car hadn't been built.

                                Anyway, I ended up getting a loan car for a couple of months so it all ended OK but yes, it left a sour taste in my mouth.

                                Cheers

                                George
                                06 Jetta 2.0TFSI Killed by a Lexus!
                                09 Eos 2.0TSI DSG Loved this car but has now gone to a new home!!
                                14 EOS 2.0 TSI has arrived!

                                Comment

                                Working...
                                X