Don't Want to Go through with Car Purchase

LSp33dracer on 31/05/2018 - 15:22
Last edited 31/05/2018 - 15:23

Hi guys,
New here. A week ago I saw a car that I wanted to purchase, there were some imperfections in the car the dealer is in the process of repairing ie. paint, -cosmetic scratches.

So I sent an authorisation for a deposit to be taken from my account after talking it through with family.

The question I have is that the deposit has not been taken yet, however now I have found another vehicle i prefer more.

The dealer has prepared the contract however I have not signed anything legally.

What can I do?

Automotive

Comments

  • Hybroid on 31/05/2018 - 15:24

    Speak to the dealer, ask them to cancel the order and see what they say?

  • altomic on 31/05/2018 - 15:26
    +5

    what did the dealer say when you spoke to them?

    • ronnknee on 31/05/2018 - 15:35
      +33

      He said to ask OzBargain.

      • boomramada on 31/05/2018 - 15:43
        +4

        dealer said, no deal till you get some advice from Ozb lawyers.

        • pegaxs on 01/06/2018 - 18:55

          OP is stuck in an infinite loop… dealer says ask OzB. OzB says ask dealer…

  • Ocker on 31/05/2018 - 15:27
    +1

    Assuming the dealer would have needed to make the cosmetic repairs in any case then simply call them to cancel the deal - you have signed any contract yet.

  • bongom on 31/05/2018 - 15:33
    +3

    Cooling off period is 3 days after you sign the contract in VIC.
    https://www.consumer.vic.gov.au/cars/buying-a-used-car/cooli…

    • Sp33dracer on 31/05/2018 - 17:48

      Luckily haven't signed anything

      • reactor-au on 01/06/2018 - 15:27
        +1

        "So I sent an authorisation for a deposit to be taken from my account after talking it through with family." -OP

        So did you sign something or didn't you?

        • HighAndDry on 05/06/2018 - 11:31

          Different things potentially. One is literally a direct debit authority. The other is a car purchase contract.

  • tsunamisurfer on 31/05/2018 - 15:34
    +3

    OP..Why on Earth would you give someone authority to withdraw from your account before a contract has been agreed to and signed?

    • Sp33dracer on 31/05/2018 - 17:47

      It was only for the deposit to secure the car at the early stage. Currently no withdraw has been actioned

  • waterbottled on 31/05/2018 - 15:38
    +1

    If he's already spent money to fix the car's imperfections, you may have to pay him for the costs if he asks though.

  • Donaldhump on 31/05/2018 - 15:39
    +1

    no sign, no prob

  • djsweet on 31/05/2018 - 16:20
    +3

    You should be able to call the bank and ask them to block the transaction (if you give them the company name they should be able to do it). Then cancel with the dealer (since you haven't signed anything). When you cancel be sure to notify them in writing (email) that you revoke their authority to charge your credit card. Then if somehow they still manage to charge you the deposit, dispute it with your bank.

    • whooah1979 on 01/06/2018 - 19:01

      it sounds like the dealership have a signed direct debit authorisation and a copy of the buyer's driver licence. that could be enough documentation for the dealership to win a transaction dispute.

  • shaybisc on 31/05/2018 - 16:21
    +1

    Sounds like you made a valid contract with the car dealer. The question is whether they want to go to the trouble of enforcing it. Probably not is my guess.

  • [Deactivated] on 31/05/2018 - 17:00
    +1

    You haven't signed anything legally.

    Have you signed anything illegally?

    • Sp33dracer on 31/05/2018 - 17:46

      I have not signed anything as above. I'd imagine with the 6 plus cosmetic scratches on various areas of the car, most buyers would want it rectified.

      • [Deactivated] on 31/05/2018 - 18:33

        No signature, no deposit, no obligation.

      • poohduck on 31/05/2018 - 19:37

        For a 2nd hand car?

  • oscargamer on 31/05/2018 - 17:16
    -2

    No signature = no contract of sale = you can walk away

    • JimmyF on 31/05/2018 - 20:57
      +1

      There is such a thing as a verbal contract, which the OP has entered.

      • poohduck on 31/05/2018 - 21:21

        And, I'm guessing it is 2nd hand car. Why would a dealer pay to get a few scratches fixed unless it was a sure sale?

        • JimmyF on 31/05/2018 - 21:22
          +1

          I've had dealers fix up some issues with a 2nd hand car if they want the sale to go ahead.

          A quick buff and some touch up paint is nothing to them to move a car!

        • poohduck on 31/05/2018 - 21:23

          @JimmyF: OK

      • [Deactivated] on 01/06/2018 - 22:11

        you should read this, verbal contracts are definately a thing.

        https://www.stacklaw.com.au/news/commercial-and-corporate/a-…

  • bobbified on 31/05/2018 - 18:12

    Notify the bank so that they don't honour the transaction and once that's in place, call the dealer and let them know you no longer want the car. Don't do it the other way around because that might prompt the dealer to debit the money immediately and it might then be a painful process negotiating with them to try get it back.

    Lucky you havent signed the actual purchase contract.

  • vitb1 on 31/05/2018 - 19:33

    Lol.. On this rare occasion, the dealer is screwed. Sounds like the sales person stuffed up. They really should have gotten the contract signed before proceeding with the repairs.

  • leznix on 01/06/2018 - 10:24

    Given authority to withdraw from OP's account. Doesn't that mean some form of agreement had been made???

    • reactor-au on 01/06/2018 - 15:28

      Exactly, as per OP:

      "So I sent an authorisation for a deposit to be taken from my account after talking it through with family."

  • HeWhoKnows on 01/06/2018 - 16:07

    Cancel the authorisation.
    You can do that if you have not signed anything.
    Its probabaly why they havent taken the money yet

  • chumlee on 01/06/2018 - 18:57

    Dealer probably hasn't started on work yet

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