Contract to Purchase a Motor Vehicle help

[Silver Ghia]

Originally Posted by LSTerritoryGhia

Tell them no 5th dimension pack or no car... simple.

Agreed. Also VZKOOP is right.

Its unfortunate that first time new car buyers often get sucked in by the ming mole. Also it doesnt increase the value of the car when it comes time to selling or trading in the car.

When buying a new car and the salesperson mentions about the package you should ask them why the car needs this paint protection. "Isn't the finish any good without it?" and "Isn't it polished properly before delivery?" Then they back away.

[kice]

Wont I have to pay 15% in damages aswell? or am I allowed to cancel the contract forfeiting the deposit? That is like $7000 they could ask for I guess. Maybe I can use the fact that the car is actually an AUTO, even though the contract states MANUAL as a loophole, when the car arrives AUTO say that I didnt want an auto and cancel the contract?

7. Purchasers right to terminate this contract

7.1 The Purchaser may terminate this Contract if the Dealer has breached any of the obligations imposed by this contract.

7.2 If this contract is validly terminated by the Purchaser, the Dealer must immediatly refund any deposit aid and return any Trade-In Vehicle to the Purchaser.


8. Dealer's Right to Terminate this Contract

8.1 The dealer may terminate this contract if the prchaser has breached any of the obligations imposed on the purchaser of this contract

8.2 If this Contract is validly terminated by the purchaser, the dealer may seek an amount up to, but not exceeding, %15 of the Total purchase Price of the Vehicle as pre-estimated damages.

8.3 Any deposit paid by the Purchaser may be used by the Dealer to meet the pre-estimated liquidated damages payable by the Purchaser. Any surplus will be refunded to the Purchaser.

[kice]

so how much is it to exit the contract :S

[4Vman]

This thread is frustrating me...

Did you have any out clauses in the contract such as "subject to finance approval"? (does anyone seriously sign a contract like this without out clauses "just in case"..?)
have they deviated at all from the contract i.e: vehicle specs?

If it was me in this situation (and it never would be) id pull out of the sale based on "finance refusal" or deviation of the agreed vehicle spec...

Go and get legal advice.

Sounds like they saw you coming....

P.S car paint protection is a rort, and 3K for it is close to armed robbery... :

[LoW_LaNe]

the fifth dimension is usually paint protectant (like a sealent) and interior protection, i personally dont think it is a worthwhile expense working in the pre delivery area.

You said that there was a contract but you had not signed it yet.....therefore you havent agreed to the terms on the contract yet simple as that

[Sam]

ffs just walk away from it, seek legal advice on how to handle any further contact from the dealer, forget about your $400 and then speak to one of the forum sponsors to ensure that you are getting quality sales advice and service.

[Shonky]

What 4Vman said (and he was saying it to me not that long ago...)

GO AND GET LEGAL ADVICE.

[ltd]

You need to get legal advice like 4Vman said.

If I were you then I would simply put in writing a letter and fax it to the dealer principle. In this letter outline your reasons for frustration of the contract, that being finance not covering the extra 5th dimension pack due to workplace injury, and that you are now only able to afford the previous car without aforementioned pack. Then go on to say that you would still like to do the deal, however are disenfranchised by your treatment and the lack of response from the ming mole (love that one) as well as the lack of a satisfactory response from the sales representative. Tell him then that the very fact that they have drawn up two contracts and are prepared to enforce the first if the second isn't signed is, as you've been advised; unconscionable. Then give him an out by saying, I would still like to do business here but have been advised to discuss options with the dealer principle or sales rep to remedy this matter. Then advise that you eagerly await his response.

Upon receipt by the fax machine the dealer principle has 24 hours to respond lest he finds himself answering a series of questions and being looked on less favourably by the court or arbitration - should it ever reach the litigious stage. The dealer will most likely destroy both contracts and start afresh. Make sure you have copies of all correspondence, and be friendly yet confident. They cannot enforce the contract should not all parties be satisfied. The exclusion clauses printed on the back are often confusing and duplicitous for a reason; often they are not valid under the trade practices act and are put there to give contract issuers protections otherwise not standard.

[VZKOOP]

For the time being - Forget what it says on the contract.

The dealer wants to sell you a car not take you to court for an amount of monies that they are unlikely to recover. Ring up make your requirements for the continuation of the sale clear. There are a gaggle of 'experts' on here who will give you advice 'til the cows come home but nothing is going to change until you give the dealer the 2 options. 1. Remove $3000 paint protection package and continue with sale as the desirable outcome. 2. Continue to demand the $3000 as part of the sale and you walk away.

The wording if exactly transcribed is suspect anyway.
8.2 If this Contract is validly terminated by the purchaser, the dealer may seek an amount up to, but not exceeding, %15 of the Total purchase Price of the Vehicle as pre-estimated damages.

If the contract is terminated 'validly' I suspect the dealer is entitled to nothing.

Which state are you in? Ring consumer affairs and ask what your rights are. It's free to ring them and I suspect you can't afford the hourly rate of a contracts solicitor.

^^^^^
And what he said........ The use of the word advice in a letter (As in - I have taken advice or I have been advised) is usually taken to mean legal so this will undoubtedly spur the 'decision maker' into action. You can get this advice free of charge from consumer affairs.

[Smoke Pursuit]

all this contract is bullshite...

If you dont want the 5th Dimension pack tell them.. Its as simple as saying, I don't require it.. What happened to the original contract?

[eficoupe]

If they have issued a second contract then according to the law it over-rides the first and the first one ceases to exist. Even though it is signed. That means they do not have a valid signed contract. Because the second contract counts as another 'offer'. You can't say 'alright cancel this contract and here is the new one' then turn around and say 'oh we will just go back to the old one then'. The old one does not exist legally anymore.

Just check that the second one is made out to you etc and provided you haven't signed it then it is not binding either. They shot themselves in the foot when they issued a second contract.

Go to a community (free) law centre to get this info checked out to be sure as I am not sure where you live and the law can vary between states. Some universities that do law degrees also offer free legal advice. It is definately worth your time to save you the dollars.

Good luck!

[twinkle_twinkle]

did u have any luck with this??