My rights to cancel contract based on delivery promise

[Kesh]

I signed over cooling off. But stipulated that I had the right to cancel if their delivery changed. I’ve ordered cars in the past saying we’d have it in a week and it was still on the boat at the point of origin.


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Oh okay, we never stipulated that unfortunately, an oversight on our part.

Have you actually spoken to the dealer and asked to cancel your order, in my experience most times they don't care unless it's something odd?

We spoke before regarding one of the disputes and I asked if we can just cancel the contract, which is when he said since the cooling off is gone, we would "have to involve the lawyers".

Will see how I go.

[Paul_R]

I have never heard of a car dealership ‘involving lawyers’ over a car contract. That’s one sure fire way to lose business fast. If they have ****ed you around as much as you say they have then just tell them you want to cancel as your are not happy with their attitude. I’ve cancelled once (Audi) but the car turned up in the wrong colour, with the wrong gear box and in the wrong model year so they didn’t have a leg to stand on. They didn’t even argue. Just directed me to the office to arrange repayment of the $2000 deposit. Speak to another dealer if you want and ask them to sort it out.

Edit: gee, the auto censor is a bit sensitive.

[Kesh]

That just infuriates me a bit more than I already am. I was a little shocked when they mentioned lawyers as to me at least, it didn't seem like anything was finalised, the car is on a ship, and the finance department haven't even approved me.

Your situation is pretty ridiculous, I'm not sure how they messed up that bad.

I'll be emailing the ACCC just so I can arm myself with as much information as possible, will also speak to another dealership.

Any recommendations for good dealerships, I notice you're quite far from Metro Melbourne though.

[Kesh]

According to the Motorcar Traders Regulation 2008, I should stand a very good chance with this because of the following:

Delays in delivery

3.

(1) The seller must make every reasonable effort to make the purchase
vehicle available for delivery on or before the delivery date stated
in this agreement. Where delivery is delayed more than 14 days
the purchaser may terminate this agreement by notifying the seller
in writing, unless the delay is caused by the purchaser.

The only thing here that's possibly stopping me is that the delivery date is an "estimate" but I would think this would account for the 14 day period they have.

[Rooboy]

Involving "lawyers" seems like a bluff to me - if they haven't performed a task they were supposed then you should be able to cancel the order and get the deposit refunded but if it's not in the the contract then you would likely lose the deposit.

I bought my latest car over the phone and added 3 conditions - that it was subject to availability, finance and a test drive. If any of the 3 conditions weren't met I could cancel and get my deposit back.

[VW Convert]

On the contract, I read that if the car is not delivered by 14 days of the delivery date, the buyer can cancel the contract. The estimated delivery date is the 30th of April, giving them approximately 10 days to deliver my car, but the car won't even be docked in Australia until the 28th of May.

Thanks!

According to the Motorcar Traders Regulation 2008, I should stand a very good chance with this because of the following:

Delays in delivery

3.

(1) The seller must make every reasonable effort to make the purchase
vehicle available for delivery on or before the delivery date stated
in this agreement. Where delivery is delayed more than 14 days
the purchaser may terminate this agreement by notifying the seller
in writing, unless the delay is caused by the purchaser.

The only thing here that's possibly stopping me is that the delivery date is an "estimate" but I would think this would account for the 14 day period they have.

I don't know what you're waiting for, go to the dealership, see the sales manager, tell him politely that you want to cancel because they are unable to deliver the goods by the date specified in the contract and you are not prepared to wait. Most likely he'll say OK and make the necessary arrangements to refund your deposit.

No way are they going to involve lawyers, that's just a salesman bluffing because he wants his commission.

Cheers

George

[Kesh]

The best I have is the estimated delivery date on the top right which all the contracts will have. I suppose it's enough, happy to lose my deposit if it comes to it, but I'll happily voice my opinion on social media haha.

[Kesh]

Thanks mate,

I'm thinking of going in on the 15th as that's the cut off date so they can't pull anything else shifty, since I have 0 trust with any of them.

[Kesh]

Wish me luck today!

[Rooboy]

Good luck - hope you get a positive outcome.