Left deposit for a car, dealer sold the car and refusing refund

Luz1 on 23/08/2015 - 16:35

Hi,

I placed a $1000 deposit for a used vehicle 2014 Hyundai, with the understanding I would finance the remaining amount.
The dealer advised the finance manager would take a few days to return with their best finance package.
The dealers finance rates were above market rate so I choose to fund the car via my bank. During the process of financing the vehicle the dealer sold the vehicle (informing me by voice mail) and advising that my that my deposit will not be refunded. As I had not paid in full within the week.

Now that my finances are available (2weeks after deposit) to purchase the original vehicle for which I signed a contract. The dealer has offered 2 options

  1. Purchase another vehicle. (Which I do not want and is greater amount)
  2. Lose deposit

Could you please assist in helping me understand my legal position, and any referencing to NSW consumer law would be great.

Automotive

Comments

  • moo on 29/08/2015 - 10:22
    +8

    I can't believe you ended up giving them your business despite what they have put you through? Was it the only way you'd get your money back?

    • spackbace on 29/08/2015 - 10:44
      +5

      ^^This. You're just promoting them to do it again to some other poor bastard. Not to mention that when you go to pick up the new car, I doubt they'll take the time with you. It will most likely just be 'here's the keys, this is how you start it, off you go!'

      OP have a good look over the car for scratches/dings/dents. Check the odometer is under 20km. Check compliance and build dates. Check how much fuel is in it.

      And please don't service the car through them. Don't continue to give them your business.

      And lastly, the decision the OP is taking isn't a rare one. People would be surprised how often the lying, cheating salespeople actually retain the business.

      And you wonder why we have such a negative viewpoint of customers :P

      • fruxo on 29/08/2015 - 11:42
        +3

        ['Check compliance and build dates.']

        This. Make sure it's not a 2014 build my15. They are sure to try and pull more stunts on you. Make sure contract says 2015 my15 and make double sure that's what you get before taking possession.

        They will feign ignorance and tell you it's the exact same car and it was just built in Dec 14 instead of Jan 15, and that it makes no difference whatsoever to the car. And they would be right. But they are also lying because the build year affects the value and they know this, hence why they will likely push a 2014 build on you.

        • nakahanap on 29/08/2015 - 12:52
          +1

          This.

          Check the paperwork and pop the bonnet and check it all matches. The dealer sounds less than trustworthy so do all the checks necessary for your wellbeing, even consider bringing a mechanically savvy mate to give the car a look over.

          Good luck - I can't say I'd be still dealing with these guys but I hope it turns out okay.

      • [Deactivated] on 29/08/2015 - 19:54
        +1

        Correct me if I am wrong but the worst part is that the warranty is probably provided by the same dealer. UGH. Good luck OP.

        • spackbace on 29/08/2015 - 20:05
          +1

          Wrong :P new car, covered by any Hyundai dealer

        • [Deactivated] on 29/08/2015 - 22:18

          @Spackbace: Any hyundai dealer? Thats good to know!

  • AMLagonda on 29/08/2015 - 17:56
    +1

    Oh well the faster its sorted the faster the ops stress will fade away, the dealership has no idea what emotional damage has been done :/ and probably dont really care.

    • what on 29/08/2015 - 18:01
      +1

      You are right, they won't care. What they care about is the money. But we all know who they are and will never buy a car from them.

  • turkz1 on 30/08/2015 - 02:49

    Is this not the feel good happy ending part where we come together as a community and post on their social media sites warning unsuspecting buyers about this company's dodgy business practices while simultaneously promoting ozbargain? My pitchfork is ready. ———-E

  • porsche26c on 30/08/2015 - 07:19

    i would email headoffice and give them some sturn words i.e hyundai not the windsor group. post it on their facebook page and lets see what comes back.
    at least for a small price increase you got an upgrade in year.
    but you should follow up with headoffice with both companies.

    good luck. keep us posted on the response.

  • Wokka Flappa on 03/09/2015 - 13:52

    Department of Fair Trading.

  • aliocroc on 13/09/2015 - 15:02
    +1

    All considered, its probably an alright outcome, coming up a year for 500 bucks is alright if you ask me. I'd probably have gotten all proud, constructed a "you cant handle the truth" courtroom encounter in my head and went for them gung ho, ended up in months of litigation and still would have been missing my 1000 bucks and/or a car!
    Customer service and absolute dodginess aside, did you get a relatively good deal when compared to similar or same model in the market? They're definitely dodgy so take the deal and let it be known from the highest tower wherever you may go that they're less than reputable,

    Anyone feel like setting up a crowdfunding initiative to hire out their nearest billboard and get a month long advert publicising shitty practices? :)

  • aliocroc on 13/09/2015 - 15:07
    +1

    Teehee!!
    So, I just went to their "We'll call you section, asked for a call back for
    First Name; Rory
    Last Name; Lyons
    Description; Interested in a decent family car, auto, large capacity for the cubs…

    And stuck down the number for Melbourne Zoo!

    Haha

  • Baghern on 14/09/2015 - 09:12

    I had a similar situation where my Polo Gti was delayed despite everyone receiving theres, I felt they had probably gave it to someone who wanted it "now" and had me get the next shipment.

    So I cancelled the order and demanded my deposit back as I was told it was fully refundable. Initially they didn't respond but I persisted and got the refund. I definitely felt they would of kept the refund and ignored me if they weren't so busy, so paid me off as a nuisance. This was for a new car not a used car. Car salesmen are as'ses.

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