Broken sales contract - what to do?

[Umai Naa!!]

Unfortunately ordering something that isn't already in the country is a roll of the dice in terms of when it'll eventually turn up. It's a fairly common occurrence, and from what I understand, 6 months is probably the average turn around time from order to delivery.

As nice as it is for a salesman to promise a short turn around time, they can't make the boat go any faster either. So the candle is burnt at both ends.

[tigger73]

I got a call from the Business Manager (what ever that is compared to a Sales Manager ??) and she was happy to provide the refund.

No effort to try to sell me the car I ordered or even talk about why they couldn't supply the Tiguan as per the Sales Contract.

When I asked why they didn't deliver the car by the agreed date, her response was "ohh so you still want to buy a car" ... WTF ??

Business manager is basically the person that deals with finance and any payments.

If you want the car you need to be talking to the sales manager and/or if you get no satisfaction there the dealer principal who everyone at the dealership reports to.


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[iDiesel]

Disappointing behaviour from the dealer if indeed they sold it to another buyer willing to pay more.
After 4months of waiting to have to wait again would be disheartening

The upside is you get to re-order based on maybe MY19 and get 5 year warranty.

If if it’s a great price, do you want to wait again with this dealer?

My advice if you don’t want to buy from the dealer, is ring around and find a dealer who has stock or at least one on a boat and see what they will sell for.

[Dutch77]

As said, escalate to the right people.

I got stiffed on the order time for my R hatch last year and ended up grabbing a Wolfsburg wagon with a fat discount and a loan car for an extended period of time - so the dealer went from a potential lost sale to a reasonably satisfied customer.

[Grugly]

Disappointing behaviour from the dealer if indeed they sold it to another buyer willing to pay more.
After 4months of waiting to have to wait again would be disheartening

The upside is you get to re-order based on maybe MY19 and get 5 year warranty.

If if it’s a great price, do you want to wait again with this dealer?

My advice if you don’t want to buy from the dealer, is ring around and find a dealer who has stock or at least one on a boat and see what they will sell for.

This... 5 year warranty is worth more..

I'm also curious as to your price and whether you squeezed them past making a profit so they were willing to walk away? Poor form, however would make sense...

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[FastMitch]

Business manager is basically the person that deals with finance and any payments.

If you want the car you need to be talking to the sales manager and/or if you get no satisfaction there the dealer principal who everyone at the dealership reports to.

Good advice.

I have escalated to the sales manager. Let's hope there is some sense of honesty there.

[Sp8ctre]

Do you have an actual contract from the dealership, if you have an actual contract then check with your states consumer body. They may have breached the terms of their trading license. Also it may be worth contacting VW Australia and querying it with them.

[FastMitch]

Do you have an actual contract from the dealership, if you have an actual contract then check with your states consumer body. They may have breached the terms of their trading license. Also it may be worth contacting VW Australia and querying it with them.

There is nothing in the Sales Contract that is a penalty if the Dealership fails to honour the agreement.

It's all worded in the Dealership's favor.

If the customer fails to pay the remaining money that is owing, they can charge you interest and penalties.

If they fail to delver the vehicle, there is nothing in there that obliges them to deliver.

These standard vehicle Sales Contracts are quite awful from a consumer rights perspective.

There are also clauses in there that allow the dealership to increase the price from the time you sign till the time it is delivered.

[Transporter]

There is nothing in the Sales Contract that is a penalty if the Dealership fails to honour the agreement.

It's all worded in the Dealership's favor.

If the customer fails to pay the remaining money that is owing, they can charge you interest and penalties.

If they fail to delver the vehicle, there is nothing in there that obliges them to deliver.

These standard vehicle Sales Contracts are quite awful from a consumer rights perspective.

There are also clauses in there that allow the dealership to increase the price from the time you sign till the time it is delivered.

You have to make your own (legal) contract and let them sign it. Otherwise when negotiating write in your conditions.

[FastMitch]

You have to make your own (legal) contract and let them sign it. Otherwise when negotiating write in your conditions.

I wrote a list of conditions (although the additional conditions section is limited by words) for what they were to supply me.

I even crossed out the dodgy section that allows them to change the price from contract signing to delivery date.

I expect if I added a condition for 'the dealer to pay a penalty' for failing to supply the vehicle by a due date, the dealer would never have signed the Sales Contract.

Let me know from your experience if you have been able to get a dealership to sign an agreement where they pay a penalty if they fail to deliver the vehicle by an agreed date or something similar ?