My rights to cancel contract based on delivery promise

**Kesh** · 04-05-2018, 11:43 AM

Hi everyone,

I've had a nightmare experience at a particular VW dealership, from being threatened, being mislead etc etc. Long story short, after poor communication after signing the contract (surprise surprise) and other very questionable actions, I was looking into ways to cancel the contract of sale, but there's really no way. To add to my burn, they've pushed their delivery date to possibly mid June, when the sales man promised a week after the contract was signed.

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.

Just a pity that a rubbish dealership is in the way of a brilliant car.

Just to be clear, I'm not wanting to cancel due to the delay as it's not always a dealer fault, but this delay is one of many things that has pushed things over the edge.

Thanks!

**d3vour3r** · 04-05-2018, 11:56 AM

sounds pretty clear in the contract that unless they get it to you y mid may you can cancel. you might have to wait for the date to pass before doing so.

**doc_777** · 04-05-2018, 02:14 PM

Call the office of fair trading/consumer affairs in your state or territory. They will be able to advise your options within the framework of Australian Consumer Law.

**agentthumb** · 04-05-2018, 04:25 PM

As you are actually interested in buying a car, make another dealership work for you.

You can either renegotiate the price, or go in with the price and Explain your situation and see what they can do for you

My rights to cancel contract based on delivery promise

if they want you as a customer, the incentive of you buying the car from them instead is pretty great!

Bonus here is they know all the quasi-dodgy clauses they have built into these sorts of contracts, so they might be able to help you exploit some. Can’t hurt to ask

Just don’t take what they say as gospel tho. If in doubt, check with your own legal sources.

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**maca** · 04-05-2018, 04:49 PM

I would seek external advice before you speak to them so you know exactly what your rights and entitlements are.

If you go in to speak to them (wait until after the mentioned date), keep tight lipped about your knowledge and play dumb (to avoid cross fire). If they don’t honour their side of the agreement, kindly explain whatever information you may have gathered from your research.

This may be a good opportunity to renogotiate a new price or walk to a dealer who’ll provide you with a better purchasing experience.

**Kesh** · 04-05-2018, 09:53 PM

Thanks everyone for the brilliant ideas. I will speak to the ACCC to see what they say regarding this, and Agent thumb, that idea is genius, will definitely use that as there are 3 dealerships in my area.

**Mr T.** · 05-05-2018, 07:26 AM

Originally Posted by Kesh

Hi everyone,

I've had a nightmare experience at a particular VW dealership, from being threatened, being mislead etc etc. Long story short, after poor communication after signing the contract (surprise surprise) and other very questionable actions, I was looking into ways to cancel the contract of sale, but there's really no way. To add to my burn, they've pushed their delivery date to possibly mid June, when the sales man promised a week after the contract was signed.

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.

Just a pity that a rubbish dealership is in the way of a brilliant car.

Just to be clear, I'm not wanting to cancel due to the delay as it's not always a dealer fault, but this delay is one of many things that has pushed things over the edge.

Thanks!

I cancelled twice based on dealers promising so as to get my signature. The third time there were delays in the car and probably out of the dealers control - then my anger was directed at VW. Next time round I think I’ll wait for when there is stock on the floor.

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**Kesh** · 05-05-2018, 08:40 AM

Originally Posted by Mr T.

I cancelled twice based on dealers promising so as to get my signature. The third time there were delays in the car and probably out of the dealers control - then my anger was directed at VW. Next time round I think I’ll wait for when there is stock on the floor.

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No issues cancelling after the cooling off period based on dealer promises? Guessing in writing?

**Mr T.** · 05-05-2018, 08:52 AM

Originally Posted by Kesh

No issues cancelling after the cooling off period based on dealer promises? Guessing in writing?

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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