Cooling off period

**Falcon Coupe** · 16-11-2005, 07:09 PM

I put a $500 deposit on a new car in September, the car was supposed to be here in November, then i was told it has a November build date, now i will be lucky too see it December it may be Janurary.
Question, another make is about to release a similar product that seems to be better overall value for money, what are the chances of getting of getting my deposit back ? neither of the cars in question are Fords, they are Diesel 4wd's.

parawolf · 16-11-2005, 07:12 PM

If you have it in writing about a delivery date... or approximated... then not a problem..

Walk in, say you haven't been able to deliver and you need a car by the end of the week. They will either get you your car, or your money back.

**Falcon Coupe** · 16-11-2005, 07:15 PM

I checked the contract, delivery date says ASAP. no actual date.

vztrt · 16-11-2005, 07:31 PM

I thought you have a right to a cooling off period, unless you actually sign a document where you wave that right.

parawolf · 16-11-2005, 07:33 PM

then just say it isn't soon enough and that they have had plenty of time to deliver. If you really want your money back, you have to be prepared to walk out and take your business elsewhere.

XA-Coupe · 16-11-2005, 07:41 PM

You have signed a contact and they are building a car to order for you. I don't think they will give up easily, particularly because you have just changed your mnd because you have found something better.

**Falcon Coupe** · 16-11-2005, 07:46 PM

Quote:

Originally Posted by XA Coupe

You have signed a contact and they are building a car to order for you. I don't think they will give up easily, particularly because you have just changed your mnd because you have found something better.

If i let them keep the deposit, can i get out of the contract ?

parawolf · 16-11-2005, 08:08 PM

yes... thats the point of the deposit. Never say it is going to be over that you have found something better, you are just taking your business elsewhere, do not elaborate!

Anyway you shouldn't have a problem with getting your money back if they haven't delivered "SOON" which is an important part of ASAP.

Doogstar · 19-11-2005, 01:29 AM

I put $500 dollars down on a brand new Ford Focus, mainly cause I was worried about rising petrol prices and hey, it was still a Ford. Thought about it over the weekend and realized I was not going to happy in a 4cyl with the indicator stalk on the left side (I was buying a manual) and it option it up to the level I would like would cost me much more than I expected.

I checked on the consumer affairs website and there is no cooling off period for new cars, only 2nd hand cars. I read the fine print on the back of the contract and they could demand the full price of the contact if I backed out or take me to court for breach of contract. Delivey date was "ASAP" which means anytime they wanted in the next 100 years.

After a sleepless weekend, I decided to call them and talk to them about the situation. I threatened to walk away from it unless a mutally agreeable solution could be found. I ended up buying the 2nd hand BAII XR6 2005 that I test drove and loved and the new car contract was terminated. So I am happy 'cause I got the car I really wanted and they were happy 'cause they still got a sale.

You should read the fine print of your contract. I don't think they will let you walk without a day in court. Also check your state' consumer laws, as it might be different to Victoria's. I suggest you talk to them, see if they can deliver the same car in a different colour or different options. As for getting your money back, good luck with that.

A lesson for car buyers, don't sign anything on the day, go home and think about it first.

SSBUB · 19-11-2005, 01:56 AM

Quote:

Originally Posted by Dabbler

I put $500 dollars down on a brand new Ford Focus, mainly cause I was worried about rising petrol prices and hey, it was still a Ford. Thought about it over the weekend and realized I was not going to happy in a 4cyl with the indicator stalk on the left side (I was buying a manual) and it option it up to the level I would like would cost me much more than I expected.

I checked on the consumer affairs website and there is no cooling off period for new cars, only 2nd hand cars. I read the fine print on the back of the contract and they could demand the full price of the contact if I backed out or take me to court for breach of contract. Delivey date was "ASAP" which means anytime they wanted in the next 100 years.

After a sleepless weekend, I decided to call them and talk to them about the situation. I threatened to walk away from it unless a mutally agreeable solution could be found. I ended up buying the 2nd hand BAII XR6 2005 that I test drove and loved and the new car contract was terminated. So I am happy 'cause I got the car I really wanted and they were happy 'cause they still got a sale.

You should read the fine print of your contract. I don't think they will let you walk without a day in court. Also check your state' consumer laws, as it might be different to Victoria's. I suggest you talk to them, see if they can deliver the same car in a different colour or different options. As for getting your money back, good luck with that.

A lesson for car buyers, don't sign anything on the day, go home and think about it first.

Very good advice...i had a contract set up for my 2nd hand car with what was written down by both the dealer and myself....then the dealer principle walks in and says 'we are giving this car away with next to nothing in profit, im sorry, but we are going to have to scratch the 3 months extra rego' and he then got the contract and scribbled that section out AFTER both seller and myself had signed it...now if i wanted to push the envelope i could have got those 3 months back coz the contract was already signed but i decided that since my car warranty would be through them, it was best to make friends with some of the parties than enemies. The dealer principle i have never spoken to again, but the salesman i see often when i go to Ford for warranty work and he is always helpful.
But just to re-iterate, be careful what you sign. I believe you may be able to, in the least, break the contract if you were going to get a different car in their yard. ASAP is not a good word and one that i wouldnt settle with though.

parawolf · 19-11-2005, 11:00 AM

ASAP is open to interpretation, unfortunately. You need to pin them down on a date, get that written in place of "ASAP" and if they miss the date again then it is in breach of contract. You might find that due to ASAP being so open to interpretation that it is not bindable by either yourself or the dealership, and that a 'practical' amount of time needs to pass, i'd suggest no more than 8 weeks.

GT-P 390 · 19-11-2005, 11:49 AM

What state are you in.

I can only speak for WA, but unless a delivery date is specified (...and remember that this does not have to be written down...although you will have a difficult time if the contract says asap and your conversations said earlier) the dealer has 3 calendar months to deliver you with your car otherwise the contract expires. It might be in the fine print on the back of your documentation

CarBroker · 19-11-2005, 09:56 PM

We sometimes have people getting caught in these kinds of situations. As Dabbler said, there is no cooling off period on new cars. Once you pay the deposit, the dealer can take you to court for the full amount.

If you have a contract "subject to finance" then you can only get out of it if the dealer cannot find finance *unless* the contract says "subject to finance organised by buyer", because that way you won't have to put up with a bad deal on dealer finance.

Anyhow, what often happens is that the dealership backs off. There are a couple of reasons for this:
1. They don't want the potential bad publicity. The buyer will tell 20 of his friends, and it generates (on a smaller or bigger scale) "bad publicity.
2. If the buyer is going thru us (i.e. A1 Car Broker), the dealer is more agreeable as we will hesitate to use them in future if they don't look after our clients. They may be willing to burn one reatail customer, but someone who buys lots of cars usually gets treated better.

No one should count on getting themselves out of this kind of situation, though. There are plenty of dealers willing to go all the way with theiir customers. I know situations where insurance companies have ordered the wrong car, only to be forced to buy it by the dealership. The car is then transported to the nearest auction house and sold brand new - costing the insurance company thousands of $$$

b0son · 19-11-2005, 11:51 PM

Quote:

Originally Posted by Dabbler

You should read the fine print of your contract. I don't think they will let you walk without a day in court. Also check your state' consumer laws, as it might be different to Victoria's. I suggest you talk to them, see if they can deliver the same car in a different colour or different options. As for getting your money back, good luck with that.

A lesson for car buyers, don't sign anything on the day, go home and think about it first.

My VW GTi contract specifies a delivery date, and a clause which says contract can be terminated by me should they fail to deliver within 30 days.

No such info/clauses on my Ford contract when I bought the BA, basically allowing the dealer to lie to get the sale, then calling me a few weeks before the proposed delivery date with the 'bad news'. Perhaps it wasnt the dealers fault and Ford were to blame, but Ford are a major company with major MRP and production systems. I find it hard to believe they couldnt make a car to a target date.

b0son · 19-11-2005, 11:57 PM

Quote:

Originally Posted by SSBUB

Very good advice...i had a contract set up for my 2nd hand car with what was written down by both the dealer and myself....then the dealer principle walks in and says 'we are giving this car away with next to nothing in profit, im sorry, but we are going to have to scratch the 3 months extra rego' and he then got the contract and scribbled that section out AFTER both seller and myself had signed it...

I hope that dealership goes belly up. One can only imagine how many other customers have been treated the same way.

SSBUB · 20-11-2005, 01:55 AM

unfortunately they wont. Lane Ford are like 5 times dealership of the year and have taken out many Aust wide awards let alone state awards. The dealer principle owns like the 5 most expensive cars Ford sells, its madness!

Dave_au · 20-11-2005, 11:38 AM

Quote:

Originally Posted by SSBUB

unfortunately they wont. Lane Ford are like 5 times dealership of the year and have taken out many Aust wide awards let alone state awards. The dealer principle owns like the 5 most expensive cars Ford sells, its madness!

Yeah, what they actually did was illegal, you could have disagreed, and they still would have had to honour the car warranty. And generally those "you must service the car through us for our warranty" deals aren't worth the paper their printed on. Maybe you got lucky.

GT-P 390 · 20-11-2005, 05:33 PM

Quote:

Originally Posted by CarBroker

We sometimes have people getting caught in these kinds of situations. As Dabbler said, there is no cooling off period on new cars. Once you pay the deposit, the dealer can take you to court for the full amount.

If you have a contract "subject to finance" then you can only get out of it if the dealer cannot find finance *unless* the contract says "subject to finance organised by buyer", because that way you won't have to put up with a bad deal on dealer finance.

Anyhow, what often happens is that the dealership backs off. There are a couple of reasons for this:
1. They don't want the potential bad publicity. The buyer will tell 20 of his friends, and it generates (on a smaller or bigger scale) "bad publicity.
2. If the buyer is going thru us (i.e. A1 Car Broker), the dealer is more agreeable as we will hesitate to use them in future if they don't look after our clients. They may be willing to burn one reatail customer, but someone who buys lots of cars usually gets treated better.

No one should count on getting themselves out of this kind of situation, though. There are plenty of dealers willing to go all the way with theiir customers. I know situations where insurance companies have ordered the wrong car, only to be forced to buy it by the dealership. The car is then transported to the nearest auction house and sold brand new - costing the insurance company thousands of $$$

CarBroker - Not wanting to be a smart **** here but what you stated in your second paragraph in not quite correct.

A contract document that is 'subject to finance' is not yet a fully binding contract until the 'condition precedent', being the finance approval, is completed.

Where you are incorrect is in the dealer being able to get the buyer finance, its a small point, but no court has ever held a buyer liable to accept finance on terms that are not "market competitive" given the surounding circumstances.

This is based on the Doctrine of Equity, which basically tries to ensure a fair deal for both parties to the bargain.

It is amazing how many buyers are bulldozed by misleading and misguided comments by car dealers.

All the buyer is obliged by law to do in obtaining finance is:
1. Make reasonable and honest enquiry to obtain it (or let the dealer do it); and
2. accept it if the terms and conditions are reasonable in the market at the time.

Hope this helps some people out in the future.

**Stav** · 20-11-2005, 05:54 PM

Quote:

Originally Posted by Falcon Coupe

I put a $500 deposit on a new car in September, the car was supposed to be here in November, then i was told it has a November build date, now i will be lucky too see it December it may be Janurary.
Question, another make is about to release a similar product that seems to be better overall value for money, what are the chances of getting of getting my deposit back ? neither of the cars in question are Fords, they are Diesel 4wd's.

The advertised invitation to treat was the price of the car.Your negotiation was an offer on your part to buy the car.If they accepted your offer this is the next element of a binding cotract .Lastly your deposit was consideration given for the car.If you have signed the contract on the car it appears that you are legally bound to the deal.

Then if you take them to court you can argue the definition of the word asap and if it is found that the definition is of a certain reasonable time then the extended delay on their part may get you off the hook . Asap if found to be an absurd time for you may be to your advantage.I must prompt you, to attain proper legal advice first as I am not a legal practioner .

EBII Fairmont · 20-11-2005, 06:13 PM

Call up a lawyer and ask them what exactly you can do. We can say many things and be wrong and you'd be stuffed. I have been currently in an accident which the blame is trying to be pinned on me. When i went to the lawyers, we sat down for a half hour or so while the kind lady informed us of our rights and what we can and can't do and all done for free. Its after the first consultation they would actually charge. You won't regret get professional help.

**Falcon Coupe** · 20-11-2005, 06:41 PM

It sounds like i should have waited, but i found out about the new model a week after i ordered the new car, i will see how it pans out, even if there was no new model, i'm not keen on paying top dollar for an 05 build car that i recieve in 06, i ordered the car on the 10th of September and have still not been told a delivery date, i will post the outcome either way.

**Stav** · 20-11-2005, 07:31 PM

Quote:

Originally Posted by Falcon Coupe

It sounds like i should have waited, but i found out about the new model a week after i ordered the new car, i will see how it pans out, even if there was no new model, i'm not keen on paying top dollar for an 05 build car that i recieve in 06, i ordered the car on the 10th of September and have still not been told a delivery date, i will post the outcome either way.

Read carefully what I have said above.

**Falcon Coupe** · 01-12-2005, 06:56 PM

Well, i have got out of the deal and recieved my deposit back today, i sought legal advice and found i didn't have a leg to stand on, so i had rely on my powers of persuasion and the fact they "don't want to make an enemy of me over $500", so.... lesson learnt for me, don't sign a contract until you're 100 % sure, also NEVER let the car dealer wright ASAP as the delivery date, if so they have the right to deliver the car 6 months later if they wish.

01-12-2005, 07:39 PM

Well on a lighter note (this was not a car but a wedding dress ) my wife went into the shop to get a deposit back ,knowing full well that is was a special order ,she approched them very sad and sombre and said that I died ! . the lady in the shop then asked HOW ,it then ended up in a long story full of lies ,the funny thing was the lady rang two weeks later to see if my wife was OK.....

Im OK now ive got over being dead