the wizard has spoken
Hard Idle said:
He will probably have to lose his deposit, unless he's buying another vehicle from the same dealership.
If you ordered a stripped down model for a low price, they may be trying to wear you down to pay a little extra and take a better equiped model in stock, ot to take something with a package or colour that they're having a hard time getting rid of.
chazz_matzz said:
If the car is on its way from a factory it could be on a boat, then train then truck.
Depending on the type of car it can sometimes take months to get certain models.
As for the ppl above suggesting you cancel; You have signed a legal contract unless the dealer hasnt met the terms of the contract, they arent obliged to return your money. There is no cooling off period on an Automotive Purchase.
If the vehicle is late, just ask nicely and most dealerships will help you out with a replacement car.
I work for a larger Dealer group. If you have any further problems PM me, would be glad to help.
C
tboy said:
Sorry, you are incorrect. If you read the back of the legally binding contract you will see that the dealership has up to 90 days to deliver the vehicle described on the front of the contract. At any time during that 90 days THEY can cancel the contract and return the deposit to you. However, as a purchaser, you CANNOT cancel the contract for any reason.
If you notice on the front of the contract by your signature it clearly states that you are agreeing to all the binding conditions described on the back of the contract.
Sorry dude, you'll have to wait until your vehicle comes in whether it be by boat, train or truck.
Every time I buy a vehicle that uses this form before I sign I read the back and every time I do? The salesman says "you're the first person in x years that has read that....."......
I don’t want to start an argument but I am not incorrect, at least not according to US law. I can't speak directly to Canadian law but in the US the following holds true. What is stated on the back of the purchase agreement is what the dealer would like to enforce but is not necessarily the law. You can not sign away rights and privileges afforded to you by law. Here are the three most common scenarios that people experience with vehicle purchases today.
1. If a customer purchased a car from the dealer lot / inventory and did not have any specific order or requirements and did not take delivery for any reason either his or the dealer's. Yes, the customer can cancel the contract with no negative consequences and have a full refund of any deposit rendered. This most likely will not be openly offered but is legally available. On the flip side it is also true that the dealer can sell any car, that a customer put a contract and a deposit on, at any time up until the customer takes delivery. No possession, no payment, no obligation. It is still in dealer possession until the customer drives it off the lot. There is no “cooling off” period necessary or exercised in this scenario.
2. If a customer purchased any car from the dealer with or without any specific configurations and took delivery (i.e. drove it off the lot and thereby constituted possession). The customer can not return it (once again unless the dealer agrees) as there is no “cooling off” period as correctly stated by chazz_matzz. In this case it becomes a “you take it you own it” situation except in certain models that offer options like a 500 mile or 30 day return period and credit toward another vehicle from dealer inventory.
3. If a customer ordered a specific car to be manufactured and delivered or traded with another dealer inventory then the customer may have to pay a cancellation fee based on the purchase agreement as this falls under a contracted manufacture agreement not just an inventory purchase. i.e. the customer did not purchase the dealer’s property but purchased from the manufacturer and utilized the dealer as a fulfillment channel and the dealer never takes legal possession of the vehicle. The termination of the agreement would be at the discretion of the dealer on whether he wanted to enforce specific terms of the agreement and cover any obligation that he may have incurred to the manufacturer. I can not speak further here without reviewing the actual wording of the agreement incognito signed. But if it is a desirable car the dealer may be convinced to let the customer out of the purchase agreement if he believes he could sell it for a higher margin to someone else but also don't expect this to be openly offered.
Based on what incognito stated in his purchase of a special order vehicle he most likely falls into the third scenario stated here and he would have to either wait, pay, or negotiate his way out of the purchase agreement. At this point, depending on the amount of his deposit and the anticipated duration of delivery I would recommend that he contact the dealer and inquire about a loaner vehicle. Most dealers have loaners as part of inventory for customers and employees for various reasons such as customer repairs, employee incentives, and instances such as this.
If anyone is interested in discussing this further I can forward the legal doctrine that encompasses the governing principles of the sale and purchase of motor vehicles within the US or they can PM me and I will have my assistant set up a consulting conference with either myself or one of my partners. If you need or want a freebee beyond this I will have her set up a call with one of the interns.
Geez, I need to take a vacation. I guess it is time to look at the next contestant on my TDL…