Help needed with a fiesta bought at a dealership - Page 3

Yellow_Festiva · 03-06-2013, 02:27 PM

I have made some changes:

Used Car Sales Department
CarNet Auctions, Smithfield
(address/phone)

Re: 2009 Ford Fiesta Zetec Gray 4dr 5spd (VIN)

Dear Kurt,

On the 1st of June 2013, I placed a deposit of $500 for the above vehicle at your showroom in Smithfield. I made an offer of $12,500 which you accepted for the vehicle with the condition that:

1) The logbooks and documents / manuals for the car are complete and up to date.
2) There are 2 keys / fobs.
3) There is just 1 previous owner.
4) The vehicle had no accidents.
5) All 4 (four) tyres will be replaced with 195/50/16 with at least 80% tread depth with matching tread pattern.
6) The car will undergo a 4 wheel alignment including an alignment report.
7) The muffler leak brought to your attention will be checked and fixed for road worthiness.
8) My offer includes all fees and nothing else to pay (When we spoke, I specified “everything” including transfer fee and transfer duty).
9) Check and fix the gear shift lever light and the disconnected leather on the shift lever.
10) Ensure the battery is road worthy as it was dead upon inspection.

At the time of buying, I had asked you if there was any fine print / conditions that I need to know and you responded that there’s nothing else.

I tried reaching you the following day the 2nd of June 2013 to clarify point 8 but you were not reachable. I was informed by Alan (surname) that the sale did not include the transfer fee and duty. This goes against what I was promised and at no time was I told that I needed to pay more fees after buying the car.

To resolve the problem, I request that you fully fulfil the 10 points listed above.

If you are unable to provide me the vehicle as promised at time of negotiations I request you to refund my deposit as the car will not be accepted.

Note that I tried reaching you again today the 3rd of June 2013 but you were not reachable. I would like this matter resolved by the end of business this Friday the 7th of June 2013.

Please contact me at the above address, or by telephone (phone) or email (email).

Yours sincerely

Of course, I assume that points 1-10 were all raised at time of inspection / price negotiations.

This is my version of the wording.. if others think that stuff should be added or removed chime in. Send this by fax and email. Call after 30 minutes to confirm that the fax has been recieved. record all names you speak to.

That is short... my letter to Ford was 4 pages long after problems when I bought my car.

Good luck.

**PG2** · 03-06-2013, 02:41 PM

Were you able to confirm if you had signed a contract? You don't need to ask the salesperson this - ask the manager or anybody who is in a position of authority. This signing of the contract is very much a sticking issue. You need to clarify this before you send that letter.

Also, Yellow Festiva's version of the letter is much better. If you made a note of who you spoke with today put that in the letter.

jeff_o · 03-06-2013, 03:09 PM

ok I was able to speak to Kurt. he said i signed a contract and I asked him to email me but he said for me to drop by (no emailing). I might just drop by tomorrow to check that contract and give them the letter anyway. He gave me my options: 1 - forget the deposit. 2 - choose a cheaper car. 3 - bite the bullet and pay the transfer fees.

If I go there tomorrow and he does not want to show me the paper I signed (as it might not even exist), would that be even legal to not show me what I signed? I wasn't even given a copy.

regarding the letter, points 9 and 10 were not discussed but I'd like to have them added anyway as the battery is a valid safety concern, the gear shift is probably a small thing for them.

Since I was able to speak to kurt, I would remove "Note that I tried reaching you again today the 3rd of June 2013 but you were not reachable"

I forgot to add 11 - The brakes will be checked and service subject to road worthiness.

Because I noticed on hard braking the steering wheel veers to the left.

For me, if they are able to fufill 1-11 (excluding pt. 8), I think I'm inclined to push through and lose the transfer fees about <$500 vs. lose $500 blindly by forfeiting.

b0son · 03-06-2013, 03:58 PM

get a copy of the contract, it will state clearly what is included in the price. if you signed it, you're out of luck.

though I have to ask, how does one sign a contract and not remember it? this thread is starting to have facepalm all over it.

**PG2** · 03-06-2013, 04:00 PM

Why can't he email it? Car NET auctions are pretty tech savvy. All they have to do is scan and email it.

When you do get there, FIRST THING - sight the contract (with your signature on it) and get a copy of it!!!!! Don't discuss anything else (but be nice). Take the contract away from the dealership and read it without the sales staff in your company. Don't let them try and sit you down and talk about it. I am only saying this so that they can not talk to about it then come to a compromise and get you to sign 'another' contract (as there may not be a contract in the first place). I hope you know what I mean.

If they don't show you the contract with your signature on it and/or won't let you have a copy of it then start taking the matter further.

However, if you have signed the contract and they meet all of the conditions you have set out ie the logs books etc (not the stamp duty) then you are pretty much bound to take delivery of the car.

fte50 · 03-06-2013, 05:37 PM

Quote:

Originally Posted by jeff_o

yes, at that time they could not find the log books/service history. so i made a deposit with the condition that the log books will be shown to me and the logbooks are ok.
.

What a classic - dealer didnt know where the log books etc were. Dont say much 4 the dealer - or more like he never had a chance to have filled in the missing blanks.
Do NOT accept the car, and use this as a tool. Also if the books are complete, check with previous owner to confirm dates/places of servicing etc.
Also try to verify if infact the car has been smashed at some point, as the dealer told you it hasnt.
These 2 points above will reneg your purchase.

jeff_o · 03-06-2013, 05:50 PM

i did a lil bit of homework with RTA. the car is currently owned by the dealer but they cannot tell me how many owners it had in the past. they can only say # of owners in the past 12 months which are 2 (prev owner and current dealer).

in terms of written off, it's not, but i cannot get much information about accidents as RTA said there's no information to get accident history.

i did check the front quarter panel bolts, door bolts and they seem to not have been unbolted. rear bumper lines up with the rear quarter panel fine. my only concern is the front bumper, altho they line up well with the front quarter panel, is sagging a bit, but i have noticed this with almost all fiestas. this particular one is missing a plastic clip to clip the bumper in place to the frame. i guess with all used cars, you can't expect the front bumper to be perfect.

MrEL · 03-06-2013, 05:58 PM

$18 gets you a vehicle history check online with the RTA.
www.myrta.com
Its sounding like you jumped the gun and bought the car without really knowing what you were doing.

jeff_o · 03-06-2013, 06:05 PM

Quote:

Originally Posted by MrEL

$18 gets you a vehicle history check online with the RTA.
www.myrta.com
Its sounding like you jumped the gun and bought the car without really knowing what you were doing.

yeah a lil bit. was probably too trusting as well. i'll check that RTA report to find the owners.

fte50 · 03-06-2013, 07:42 PM

Legislation states the dealer must disclose the previous owner if granted.

KIWI-1 · 03-06-2013, 07:46 PM

Quote:

Originally Posted by PG2

Why can't he email it? Car NET auctions are pretty tech savvy. All they have to do is scan and email it.

When you do get there, FIRST THING - sight the contract (with your signature on it) and get a copy of it!!!!! Don't discuss anything else (but be nice). Take the contract away from the dealership and read it without the sales staff in your company. Don't let them try and sit you down and talk about it. I am only saying this so that they can not talk to about it then come to a compromise and get you to sign 'another' contract (as there may not be a contract in the first place). I hope you know what I mean.

If they don't show you the contract with your signature on it and/or won't let you have a copy of it then start taking the matter further.

However, if you have signed the contract and they meet all of the conditions you have set out ie the logs books etc (not the stamp duty) then you are pretty much bound to take delivery of the car.

Pretty good advice IMHO.

monte.b · 03-06-2013, 09:56 PM

Ive bought a few cars ,new and old ,but was always told that the dealer must give you a copy of all the papers you sign ,if they dont you can void the contract ,id suggest you contact fair trading to sort this out ,if afraid used car sales people havnt got a real good name in this country most people believe ,but ive met a few good ones ,good luck with your problem

**fordomatic** · 04-06-2013, 08:52 PM

Any updates mate? How did you go today?

jeff_o · 04-06-2013, 09:34 PM

I wasn't able to get in touch with KURT, but I have faxed him the letter today. I have made revisions to the letter advising him that I will be happy to proceed with the purchase as long as he can satisfy conditions 1-7 and 9-11 (apparently breaking 8 as this is the major issue for both of us). Condition 11 being the brake check and servicing them to be roadworthy. I could not go to their place today because I have no car and had to go to city for work. I will give Kurt a call tomorrow to see how it goes. hopefully some good news. But oh man after this drama, i probably don't wanna see their faces anymore.

EB# · 05-06-2013, 06:46 AM

Good luck with things Jeff..... hope it gets sorted out soon.

**fordomatic** · 05-06-2013, 05:57 PM

Quote:

Originally Posted by jeff_o

I wasn't able to get in touch with KURT, but I have faxed him the letter today. I have made revisions to the letter advising him that I will be happy to proceed with the purchase as long as he can satisfy conditions 1-7 and 9-11 (apparently breaking 8 as this is the major issue for both of us). Condition 11 being the brake check and servicing them to be roadworthy. I could not go to their place today because I have no car and had to go to city for work. I will give Kurt a call tomorrow to see how it goes. hopefully some good news. But oh man after this drama, i probably don't wanna see their faces anymore.

Don't let them get the better of you mate, this is how they work, make things so difficult that you end up giving up. These types of scum drive me crazy, and the amount of people that fall for their tricks is disgusting. Make them pay mate, it may be hard but it will be bitter-sweet in the end.

FGII-XR6 · 05-06-2013, 07:02 PM

during my time in car sales I found there were far more lying buyers trying to scam the dealership than dishonest salesmen . the saying in the game goes "buyers are liars" .
saw it often bill would get the car valued with lots of goodies fitted near new tyres , do the deal and strip the accessories of and swap their tyres with "uncle Bill" and wonder why the dealer refuses to accept the trade or change the change over price. It's far more common than you think

Quote:

Originally Posted by fordomatic

Don't let them get the better of you mate, this is how they work, make things so difficult that you end up giving up. These types of scum drive me crazy, and the amount of people that fall for their tricks is disgusting. Make them pay mate, it may be hard but it will be bitter-sweet in the end.

**PG2** · 05-06-2013, 07:06 PM

Jeff, were you able to confirm that you signed a contract or not?

**PG2** · 05-06-2013, 07:09 PM

Quote:

Originally Posted by au3xr6

during my time in car sales I found there were far more lying buyers trying to scam the dealership than dishonest salesmen . the saying in the game goes "buyers are liars" .
saw it often bill would get the car valued with lots of goodies fitted near new tyres , do the deal and strip the accessories of and swap their tyres with "uncle Bill" and wonder why the dealer refuses to accept the trade or change the change over price. It's far more common than you think

What about the one where the customer says, "Yeah she's a good car she just needs a good polish."

Don't know how many times I thought to myself, "Gee I wish I could get my hands on the polish he/she has - it must polish out rust, dents and everything!"

jeff_o · 05-06-2013, 09:51 PM

Quote:

Originally Posted by PG2

Jeff, were you able to confirm that you signed a contract or not?

kurt said i signed. but i dont remember signing. he did not give me any copy of what i signed. so i dont think i signed any. tried to give him a call today 2x but he did not return my call. wont be able to go there until next week after long weekend :(

Lotte · 05-06-2013, 10:16 PM

Quote:

Originally Posted by jeff_o

kurt said i signed. but i dont remember signing. he did not give me any copy of what i signed. so i dont think i signed any. tried to give him a call today 2x but he did not return my call. wont be able to go there until next week after long weekend :(

Sounds like they're pulling a shifty. If they haven't given you a copy, nor can produce a copy without you going in, seems dodgy as. Dunno, but what you've described reads to me like they're trying to convince you they can keep your deposit. Keep at them mate.

**PG2** · 05-06-2013, 11:11 PM

Quote:

Originally Posted by jeff_o

kurt said i signed. but i dont remember signing. he did not give me any copy of what i signed. so i dont think i signed any. tried to give him a call today 2x but he did not return my call. wont be able to go there until next week after long weekend :(

Jeff

Ring the dealership tomorrow and speak with an admin person. Tell them that you have not been able to get hold of the salesman. Tell them that it doesn't really matter because all you want is a copy of the actual contract that you signed (make up some excuse why). Ask them could they email a copy to you as you think that you have lost the original copy.

IF they say they will get the salesman to ring you back just say that you need the contract quickly or otherwise you won't be able to pick the car up this week and will have to put it off for a couple of weeks.

Not a foolproof way but worth a try.

jeff_o · 05-06-2013, 11:41 PM

Quote:

Originally Posted by PG2

Jeff

Ring the dealership tomorrow and speak with an admin person. Tell them that you have not been able to get hold of the salesman. Tell them that it doesn't really matter because all you want is a copy of the actual contract that you signed (make up some excuse why). Ask them could they email a copy to you as you think that you have lost the original copy.

IF they say they will get the salesman to ring you back just say that you need the contract quickly or otherwise you won't be able to pick the car up this week and will have to put it off for a couple of weeks.

Not a foolproof way but worth a try.

i'll try but the lady (admin reception) already knows me coz i've called like almost everyday for the past 3 days looking for the same KURT, plus faxed my letter via her to the same KURT. whenever the receptionist answers, she's got this jolly voice greeting the other party, but when I start talking, her voice turns up side down. i'll try to see if i can get hold of the contract tomorrow via receptionist. all else fails i'll grab KURT.

FGII-XR6 · 06-06-2013, 12:10 AM

the contract thing sounds strange you should have received a copy when you signed it.

xisled · 06-06-2013, 07:15 AM

I have a question.

Did you buy this car through the auction. Also I think you may be out of luck with wanting to get your $500 back. (this is if you got the car through the auction)

http://www.carnetauctions.com.au/buyingatauction.aspx

What to do once you have purchased your vehicle

You must transfer the registration into your name or register the vehicle at your local Roads & Traffic Authority within 14 days. You will have to pay a registration fee and stamp duty.

The terms and conditions are on the website.

jeff_o · 06-06-2013, 08:20 AM

Quote:

Originally Posted by xisled

I have a question.

Did you buy this car through the auction.

No it wasn't thru an auction. they have a separate lot of cars for auction and separate lot for sale.

monte.b · 06-06-2013, 05:37 PM

Ask to speak to the manager ,if they are any sort of dealership he will sort it out ,sometimes they arnt aware of whats going on ,if he gets smart just tell him to watch the tv as his firm will be on there shortly ,then you should contact a current affairs or the other show and tell them your story .they are always after a juicy story ,

KIWI-1 · 08-06-2013, 09:02 AM

Sit it out, they will contact you when Kurt has to explain to the boss why the car is still sitting in the yard.

Yellow_Festiva · 08-06-2013, 01:58 PM

Quote:

Originally Posted by KIWI-1

Sit it out, they will contact you when Kurt has to explain to the boss why the car is still sitting in the yard.

Would there be a time limit imposed on the deposit to close the deal? Sitting it out may caus the deal to be void after x weeks, forfeiting the deposit.

kermey · 12-06-2013, 06:05 AM

Update Jeff?