Removed by the request of the store. Thanks for your helpful responses.
Car Dealership Change of Mind Details
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They tried to sell me a demo vehicle for above the price of a new vehicle, it's my first time buying a car so I didn't know, got sucked in.
After visiting the second one they could do the vehicle for the next tier for slightly more, so I decided to go with the second option instead.
You could get them on grounds of this, you would have to substanically provide evidence, maybe go to Honda Australia, who oversees the whole operation
Put everything in writing, take with you all emails, communications, phone logs etcThey can get you on the change of mind clauses, however I am sure shonky dealings if mentioned to head office would be seen negatively and perhaps head office can get involved for you, they don't want bad blood and will possibly credit you the value / offer accessories
Don't demand things though, your best bet is to be patient, calm, explain the situation completely and make sure you have everything outlined for head office to consider
Car shopping can be the worst experience, if you haven't signed anything, it may be worth transferring your approval to the next dealership and taking a 500 dollar lesson, getting the money back is the best case, fight for it, but work with the people above the dealership and outline your concerns
If you paid via credit card then charge back.
It's a debit Mastercard, should I call my bank and see if it can be done?
No harm disputing it even with debit card.
I know a friend who got charged incorrectly on debit card. He disputed but the bank refused to pay saying he used pin. He lodged dispute with FOS and the bank immdiately refunded the whole amount as a good will :)
Good idea, the dealership will probably find something to pin this on me, saying I broke the contract or something. I'll try to resolve this peacefully, worst case scenario I will get the charge back through the bank or if doesn't work, FOS.
You can try, you will find though that its a long process (45 days) and that they may come back and state the contract terms and conditions
the question is did you sign anything, I noticed they said finance was approved, but was that a sales lie?
you do have a good case if you can take it to the top
buy a car under fiance
Well the first thing you need to do is get out from underneath your fiance, that's really no way to buy a car.
At the second dealership I decided to pay cash, because after providing them my visa information, they say I'm not eligible to get financing anyway.
Every finance provider would have different criteria
I find it hard to believe as a finance provider, you will provide finance with just some's name and address and a job title (casual) and no other information…
Although yes, every finance provider will definitely have different criteria.
Regardless I think your argument is irrelevant to the validity of the contract.
Even if you are entitled to rescinded the contract on the basis that you are unable to be approved for finance which is of acceptable terms you would still be required to make reasonable efforts to be approved. Refusing to provide documents and therefore being rejected would not be a valid reason.
Woooshhhh…
If you had been under your fiancée you could have been either under her dress or under duress… lol
they may have kept 400 bucks but they loose a long term custome
How is that, you are buying from another dealer, and there is no evidence you will ever buy from them even if you get your deposit back.
So skip using that as an argument, they will just laugh at best behind your back, more likely right in your face.
Ask them for the name and a copy of the approval letter from the finance company, which you can then verify with the company. Dont go on about the deposit. also check with the credit ratings companies, to see if there is any record of a finance check against your name.
As for whether this is valid depends on the wording of the contract. Does it covers things like your need to provide details so they can approve etc
I am a confrontationalist, but get your paperwork together and go in person during a busy Saturday and throw a public wobbly hissyfit and demand it back. Loudly and in earshot of other customers. If they say they will call cops, let them and calmly explain the situation. Do not swear or threaten anyone, just demand your money back and look upset and convey an air of permanence.
Some states do have cooling off periods. Check that for your state.
In VIC where I believe the OP is.. the penalty is applied if the customer pulls out during the cooling off period. After the cooling off period the dealer can force the contract or seek the full loss.
How can the customer get a penalty for pulling out during the cooling of period? Do you understand what a cooling of period is and why it is there?
because it is the law.
https://m.consumer.vic.gov.au/#/motor-cars/buying-a-new-car/…
Changing your mind
If you change your mind and terminate the sale agreement, you must do so in writing within the cooling-off period, and the licensed motor car trader may keep $400 or two per cent of the purchase price (whichever is greater).
Is this a car in stock or on new car built to order?
If it's used car in new in stock then they could have been advertising it in carsales etc and have taken down the adv on your deposit. Also they could argue they could have lost potential sale to other customers!…
OP mentioned it above that it was a demo the dealer convinced the OP to pay more than new for.
you have 3 business days as cooling off period in VIC for new motor vehicles. The dealer has the right to keep $400 deposit or 2% of purchase price (whichever is greater) if you change your mind.
However if you were deciding on demo vehicle, in which case it is practically a a used car then penalty applied is different. Penalty on used car is $100 or 1% purchase price (whichever is higher).
Your best bet is to argue on finance if the finance was put through without your consent and without you having provided the necessary details and document. In certain cases your finances can be conditionally approved until you provide all the documents. Your finance may or may not fall back once you provide upon providing visa evidence and stuff.
Politely try and resolve the issue as best you can
Doesn't sound like a dealership I would like to deal with by the sound of their tone and attitude, although they may feel you've wasted their time
Maybe go in there and see what they can do to help you out
Worst case its $500, is the discount at dealership two worth the loss?