Contract to Purchase a Motor Vehicle help

[kice]

I am just looking for help, to know my rights. I think I have a fair understanding but just to make sure.

Well I want to cancel my "5th Dimension Pack". For the following reasons

A) As I have heard it is crap
B) I injured my shoulder and was off work for 6 weeks, I had a doctors certificate and everything to provde this to them. Was unpaid. I was going to pay the $2795 for this in CASH but this made it hard. My finance was is maxed out at $27000(after trade in) which is my maximum amount I can borrow being only part-time employed and full time student. So I have no way to pay for it and it is unaffordable
C) I am getting a two tone paint job, half will be painted pearl black. The person whos doing it says that the 5th dimension is a rip off, he can spray the car with the same stuff for $300 more.

I had an original order which I signed, 06 March 2008. This had no delivery date and said it would come in late June. This had the 5th dimension on it. So technically this contract would have voided itself anyway as per the condition on the back "4.2 In the case of a new Vehicle, if Delivery Date is not stated in this contract, the Dealer will deliver the Vehicle within three(3) months of this Conract becomming binding."

So last week before this car was ordered(it was being ordered late as they forgot to order which means it would have meant more delay". So I said I wanted to change to a stock standard one which was getting delivered in May. They made the changes and I received a NEW contract with a new deal number, however I told them I wanted the 5th dimension removed, they said I would have to speak to the aftercare consultant, whom which has been rejecting my calls ever since I was injured, never called me back, I keep calling shes either off work or what not.

Finally she answered my call yesterday and was saying its impossible for her to just take it out(even though it hasnt been booked in yet). She said I signed the contract and I am legally held to it and HAVE to have it blah blah blah. But she would see what she could do an call me back tomorrow(which I beleive she was just bullshitting to me she wasnt gonna do nothing because they want me to have the product. I never received a call back, I called them and left her a message to call me back to the secutary and never received a call back.

Moving on this NEW contract was never signed by me, they just gave me a copy of the contract and neither party has a signed copy.

Also on my first deal I was getting a 2500$ discount which means now I would be paying even more for the car but would not have all the factory extras I ordered on my other car. Which makes it still impossible to afford the 5th Dimension pack.

Do I have the right to ask for that 5th Dimension to be removed before I sign/accept the new contract? Is that my legal right to negotiate this? Because technically I would only be obliged to the first signed contract which I guess would have been voided when the new one was drawn up, even so the car would never be delivered in time if I was held to it.

Thanks for taking the time to read and input your our opinions

[devilcv8]

No signed contract, nothing they can do. Contact the dealer principle and tell them they either remove it or you go to another dealer.

[Smoke Pursuit]

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

[LoW_LaNe]

i used to do pre delivery at knox mitsublishi and people were changing their deals all the time .....dont speak to pre delivery go directly to your sales person tell them it be removed or deal is to be cancelled ...believe me sales people get their way in a dealership

[Poetic Justice]

Is the aftermarket on the contract or a seperate invoice?

[kice]

On the contract which is not signed

[mattl]

Yeh na you're fine, just tell em removed or cya later!

[Nappa]

as far as i can see there shouldnt be any problem with removing the aftermarket stuff from the car. Unless the dealer has over allowed for the price on it and is depending on it to make up some gross. In the end your still going to be taking delivery of the vehicle. Who cares if its missing this fifth dimmension pack or whatever it is. However if you try to get out of taking the car the dealer has every right to take action. Dont bank on the contract becoming void after 3 months as they may decide to get you a car from elsewhere. speak to your dealer manager and bypass the ming mole...

[Poetic Justice]

The contract isn't signed?

Er... if not, you have nothing to worry about..

[hy_boi]

Contract isn't signed then is shouldn't be a problem, but they have a signed contract for the previous one, unless its been distroyed, well yeah, but clauses in our contracts allow us to make changes without signatures, but as long as we have the purchase's verbal agreement. But yeah they could still hit u up for the pack, but shouldn't. Talkk to your salesperson. But all the time people change their mind on accessories and what not here and yeah we just take it off or ad it on as requested, and well in the end if u take somethin off its less stamp duty for the dealer has to pay.

Though btw your working parttime and buying a 27g car, maybe you should reconsider your purchase all together.

What state and dealership you dealing with, send me a pm.

[kice]

well i tried to speak to the dealer principle he said I would have to speak to to her about is :S

[xbcool]

I,ve never heard of a 5th dimension pack can some one shed some light for me

[Sam]

Get on the phone to your salesman now, tell him its all off if youre going to get jacked around about a stupid detailing pack. Make him fully aware of the contract situation also.

[4Vman]

Bit left of centre here but i just can't believe people put themselves under so much extreme financial pressure and strain just to buy a car.. especially given you're a student and only work part time with no apparent guarantee of income to meet the repayments should work dry up or you're unable to work.. not to mention the moment you drive it out you've done 10% of its value straight off, and that's before depreciation sets in...

[snakeoil]

How much deposit have you paid

secondly these packs are a rort always have been and always will be

the fifth dimension person is a sub contractor to the dealership

[kice]

yeah they are now forcing me to take the gay pack coz orig contract is still valid so if i were to not sign the new one, they could force the old contract and i would have to wait the extra time for the car rather than get it quicker

[Sam]

They are bluffing, go and seek some legal advice and save yourself

[Nickxb]

Just dont sign the contract and find a different car, Unless you have your heart set on this one.....

[Shonky]

If you work part time and are studying, why on earth are you buying nearly $30,000 worth of car?

If it has all fallen apart financially now, when you haven't even taken delivery of the car it is very very evident that you are heading for a lot of pain and poverty over the next 3/4/5 years you will spend paying this thing off (by which time it will be worth diddly-squat) What happens if you get made redundant in 12 months time?

Mate I'm not telling you what you should do. That is entirely at your discretion, but if I were in your shoes I would be buying something cheap(er), comfortable and reliable and more importantly, something that you can afford...

I bought my ED Fairmont Ghia over 3 years ago for $3100. I have put 100,000kms on it since then and it has not let me down once. To boot, it's a nice car!

$10,000 will get you a lot of very nice car these days. $30,000 gets you bankruptcy.

[Shonky]

^^^
Just to clarify, I'm not trying to sound like a knob or shoot you down. Just my opinion.

[MR_SIDO]

The reason they are not taking it off is because they are either losing money or not making enough to do a deal if they do. You say that they gave you a $2500 discount and then the aftermarket lady sold you this pack. This is how a dealer puts profit back into their deals, they sell you the car dirt cheap and then beef it up with aftermarket crap. The reason she is saying that you have to take it is: 1. she doesnt get any commission if you dont take the pack and 2. The dealership loses money if they dont get this pack out of you. This is a common practice with many large dealerships. Push it further with them. They have to do something about it.

[TheSneakiness]

I agree with the others about you being able to afford the car on a part time job as a full time student.

Not to sound like a plick but I'd think looooooong and hard about buying the car in the first place.

[kice]

@ MR_SIDO

That is not correct, I am paying full price(45490) on the new invoice plus the aftercare. But they still refused to take it off FFS

The first one is where I got the discount (42990) plus the aftercare. The first invoice was before the pricing was announced.

So technically if its down to profit, they are making 2500 + 2795.

They stitched me nearly 6-7k that means.

[Rodp]

Sounds like a bit of unscrupulous dealer and I'm sure you can still back out of the contract or at least have the dimension pack removed.

Isn't there a cooling off period? Does that still exist or had it expired previous to your concern over the additional dimension pack.

I'm waiting for a car which is currently between South Africa and Perth. I was concerned about delivery date as I need to dispose of my current car before end of financial. Not only was the dealer happy for me to choose something different in current stock, they would also refund my deposit if I felt that delivery date would slip into July. It's due end of May. Ontop of that, if I was still interested in the car, they would pre-trade my vehicle and give me a loan vehicle free of charge.

I'm sure there are still avenues you can pursue to get your deposit back and/or have the dimension pack deleted. Also considering the hardship you've encountered which has made the car relatively unaffordable, perhaps you might want to rethink as to whether purchasing this car is even the right thing to do.

[snakeoil]

Dude

how much deposit did you pay???

Second the contract you signed does have the right to increase price .The reason for this is simply because the dealer is an agent for the manufacturer and cannott guarantee price.What can happen though is that the dealer could have written the words fixed price anywhere on the contract which then signed by the new car manager or DP would have protected you.Just stand your ground and refuse to take the car.get the deal cancelled by an authorised dealer person and move on they will never take you to court but you may have forfeit the deposit.let me know

[kice]

400 deposit

[MITCHAY]

Originally Posted by xbcool

I,ve never heard of a 5th dimension pack can some one shed some light for me

I think it's some paint protection stuff. My mum got roped in when she bought her VE SV6 last week.

I think it was about $2000 and something about they fix dents and scratches during a certain time period to a certain value. All I know is it's a waste of money :

Edit: found a link https://portal.motorone.com.au/home/car_care_products

[kk2008]

i believe the contract is subject to finance approval. & my thinking is that if you tell the finance coy that you're unemployed & they will not fund the deal - easy.

What's interest rate & loan upfront fees ?

[kice]

I am getting a student loan

9.24%

no fees upfront

no early loan termination fees

can pay off any time

[VZKOOP]

All the 'why are you buying this car' aside.
Look at it this way.
You have paid $400 as a deposit.
They are asking you for - essentially - $3000 for a coat of sealer.
Get on the phone or walk in to the dealership.
Don't get mad or allow yourself to be flustered. State your requirements to continue the purchase of said vehicle. Either they remove the $3000 coat of sealer or you will cancel your order.
Remeber to say this is not negotiable.
Don't be rude, be calm, be firm and don't allow the person you speak to any opportunity to try and pursuade you by threats or the BS reasons you should spend that kind of money on something you can do yourself for $30.
Worst case scenario for you is you lose $400 - which I'm sure you would have a good case to reclaim. Worst case for them they lose the business altogether which is worth $000's in retail margin and $000's in holdback. If the dealer is that stupid they don't deserve your business anyway.
Right now it seems that they are simply trying to bully and bluff you into a deal because of your age and inexperience.