Contract Signed, Deposit Paid but No Car!

Pumpkin_rrr on 19/04/2019 - 11:24

G'day!
Some of you might know that I am looking for a car with cream interior?
Guess what, on Thursday lunchtime we walked into a Dealer, Test drive, and within an hour found one which could be shown to us either late afternoon or next week.
So happily paid the deposit, signed the Contract, and wait for the car to be shown later.
At 4PM (an hour before the long weekend), was told the car is not available as someone someone bought it at the same time!
They now have one but with sunroof, ready in 2-weeks.

Not happy! How coincidental: to sell a "unpopular" cream interior on the eve of long holiday?
We are considering our options now.
What do you all think? Really appreciate if you can share your thoughts

Automotive Car

Comments

  • pegaxs on 19/04/2019 - 11:35
    +27

    Happened to me a week ago. Was on the phone haggling out a deal at the same time that someone was in the dealership haggling over the same car. Shit happens.

    Ask for your deposit back or to renegotiate on the new vehicle in your favour. They have broken the contract, so you are entitled to a full refund. Or, you know, do what everyone else does on this forum and scream “they owe me compensation… how do I get mah cOmpEnSaTiOnZ!!”

    • Pumpkin_rrr on 19/04/2019 - 14:40

      You have given me new ideas @pegaxs!

    • djones145 on 19/04/2019 - 23:06
      +4

      happened to parents
      chatted about a car, paid deposit, car was interstate and was being transferred (end of season). system was wrong they only had the new model(was out 1 month later)

      the dealer wanted us to pay more, we said no, wanted to pull deposit as they didnt have the car

      they gave us the new car, same price and also gave us a rental for a month lol

    • serpserpserp on 21/04/2019 - 15:26
      -1

      According to most forum OPs here, if this happened to them, the dealership should give them a free car. It is only fair……

  • crashloaded on 19/04/2019 - 11:35
    +2

    What's the contract say? It probably has something about supplying vehicle within a certain time frame.

    • Pumpkin_rrr on 19/04/2019 - 14:41
      +1

      Cant see that quickly….. Will zoom in and read the fine print again.
      But it has all the car details: Stock number, VIN etc.

      • Musing Outloud on 21/04/2019 - 17:43

        Then you have a contract for that specific vehicle VIN Number, Stock number etc. If they cannot supply that then they are in breach. Read the fine print on stock substitution.

    • ireadtermsofuse on 21/04/2019 - 12:32

      Clause 1.5: Upon signing this contract, I admit I have lice

      • serpserpserp on 21/04/2019 - 15:27

        Uh-Oh and that is a lowercase lice. Means no leeway on that one!

  • Cheeper on 19/04/2019 - 11:42

    Have you asked them for a refund?

    • Pumpkin_rrr on 19/04/2019 - 14:41
      +2

      No…. I dont want a Refund, I just want a Car!

  • spackbace on 19/04/2019 - 11:45
    +4

    Either it didn't exist in the first place, or what they say happened really did.

    Either get out of the contract or get the sunroof one, simples

    • [Deactivated] on 19/04/2019 - 13:23
      +3

      Either it didn't exist in the first place, or what they say happened really did.

      It's quite telling that your first thought was that they lied :P

      -JJB's Mrs

      • spackbace on 19/04/2019 - 13:58

        It's possible, and I know of cowboy salespeople that make those false promises

        Doesn't help with customer satisfaction surveys

        • [Deactivated] on 19/04/2019 - 14:05

          +1 for your honesty.

        • Diji1 on 19/04/2019 - 15:25
          -1

          There are cowboys everywhere in sales.

          eg Telstra.

      • Cheeper on 19/04/2019 - 14:01

        Jar Jar has not dealt with a car dealership??

        • [Deactivated] on 19/04/2019 - 14:03
          +2

          JJB is otherwise engaged. So I'm taking over his account until further notice :)

          To answer your question, not that I recall. He does not like change. He replaces his car with an updated model of the same car every 3-4 years. Someone from work picks it up for him or the dealership delivers it to his work.

          -JJB's Mrs

          • crentist on 19/04/2019 - 16:25

            @[Deactivated]: Why even bother with the a car in that case? Nothing much changes in 3-4 years of car updates to make an upgrade THAT enticing. And any maintenance issues should be nothing compared to the huge depreciation hit you'll take on with another new model. It's either a reliable car worth keeping and has high resale, or an unreliable one with terrible resale that you shouldn't buy in the first place

            You could probably just give it a good wash for all the difference it makes

            • [Deactivated] on 19/04/2019 - 17:04
              +1

              @crentist: Corporate discount + novated lease = a new car every 3-4 years. I work in R&D for an organisation which is exempt from paying tax but pay and claim gst.

              • crentist on 19/04/2019 - 17:46
                +2

                @[Deactivated]: Ah nice. I guess that's the way to do it. Come to think of it my parents did the same growing up, don't quite know how I ended up so stingy lol

                What's the model?

                • [Deactivated] on 19/04/2019 - 17:48
                  +2

                  @crentist: It's a macan. My kids call it the batmobile :)

                  • crentist on 19/04/2019 - 17:56
                    +2

                    @[Deactivated]: Damn, nice. Not a bad car to stick with

                    • [Deactivated] on 20/04/2019 - 11:59

                      @crentist: The only downside is that I can't quit my job. There's not many employers who'll let you salary-package a luxury car.

          • Zachary on 23/04/2019 - 16:46

            @[Deactivated]: 3 to 4 years? geez, you rich mother…..hahahaha

    • Pumpkin_rrr on 19/04/2019 - 14:42

      Either it didn't exist in the first place, or what they say happened really did.
      This- how likely is someone also wanting a cream interior? I was the only person wanting it.

  • bongom on 19/04/2019 - 12:08
    +1

    Car didn't exist. Is bait-and-switch illegal in Oz?

    • Pumpkin_rrr on 19/04/2019 - 14:43
      +1

      Car didn't exist. Is bait-and-switch illegal in Oz?

      • I'd like to know too.
      • crentist on 19/04/2019 - 17:49

        Really? I learned that in like year 2.
        No idea why, but we seemed to get a rundown of consumer protections really early. I guess so we could grow up knowing to look out for this kind of shit.

      • [Deactivated] on 19/04/2019 - 18:36
        +1

        This may help answer your question.

  • AdosHouse on 19/04/2019 - 12:21
    +13

    Is the sunroof car going to be provided at the same cost? If yes, hell yeah, wait 2 weeks and get the free upgrade. If not, get the deposit back and find another one.

    • kronicmacstigator on 19/04/2019 - 13:25
      +5

      This guy gets it!

    • Pumpkin_rrr on 19/04/2019 - 14:29

      Haha, good point @AdosHouse. I have forgotten to mention that the sunroof cost $2k more.
      We have explicitly say No to sunroof, especially with the cloth material.
      Imaging driving 3 hours from here to Noosa!

      • pegaxs on 19/04/2019 - 14:58
        +2

        Oh, the woe. Imagine driving all the way to Noosa with the sunroof open, warm sun streaming in and that cool autumn breeze… wondering what all the common folk are doing…

        You do know that you can close the sunroof, yeah? And you’re worried about the sun fading your white/cream interior??

        • Pumpkin_rrr on 19/04/2019 - 15:02
          -3

          They dont have solid cover now, just glass and cloth-material.

          • pegaxs on 19/04/2019 - 16:14

            @Pumpkin_rrr: Oh, and I totally knew that, because you mentioned exactly what car you got in your original post and I have an extensive knowledge of all the features and options of all the cars in that manufacturers range…

          • Iamnotcheap on 19/04/2019 - 17:00

            @Pumpkin_rrr: You will have a cover over your sunroof that you pull shut - I have never seen a car without this, unless it’s aftermarket.. I think you perhaps should take a look at it…. Also, you realise you have windows right, which is more exposure to your interior than the sunroof?

            If you can snag up the car with the sunroof included for the same price, then do it. It will help with resale (not much, but a little).

            • Pumpkin_rrr on 19/04/2019 - 19:44

              @Iamnotcheap: Must admit we haven’t s seeen the sunroof for this particular model.

              But had seen other similar ones with cloth material. Hubby hates it, with the intense sun rays in Qld, feels like it just penetrates thru your (delicate) skin!

            • djones145 on 19/04/2019 - 23:11
              +2

              @Iamnotcheap: https://www.motoringbox.com/cars/your-car/6-reasons-to-avoid…

              kinda sunroof, the whole roof is made of glass, no cover

              think I have sen the i30 woth this feature

              • Iamnotcheap on 20/04/2019 - 07:32

                @djones145: Panaromic sunroofs still have covers. The pictures for the advertisers all do that. We have one in our car and the cover sits in the back well hidden. Front half still sits on guiders and opens, back half does not (cover sits at the back and comes all the way to the front).

                Btw we in QLD and never had any issues in respect to heat - the car gets hot either way. FYI the glass is tinted and is UV protected as well… again unless aftermarket, your perceived thoughts on a sunroof are slightly misguided.

      • AdosHouse on 19/04/2019 - 17:58

        Okay no, I would not be paying an extra $2k for it.

        Nothing wrong with the glass and cloth design. My parents have a new 2018 VX Landcruiser, and my friend has a 2017 Elantra SR, both use that design and it is well insulated and quite a good design.

  • Worf on 19/04/2019 - 13:42

    i'd be cheering if i had a free upgrade! i guess it depends how important that timeframe is for you. In the scheme of things I don't think 2 weeks is a big deal. I had a similar situation where the delivery of a car was delayed and the dealer included a full tank of petrol to acknowledge the inconvenience. If you really need a car, maybe you could borrow a loaner car from the dealer for part of the time?

    • Pumpkin_rrr on 19/04/2019 - 14:44

      Timeframe not so important, but it's before our after our holidays…

  • Klevakiwi on 19/04/2019 - 13:50
    +5

    If the contract was an electronic contract generated in an ERA dealer system then the car should have been attached to the contract showing all the vehicle identifiers, it then cannot be attached to another deal, If there are no identifiers on the contract, they have sold you a ghost.

    These are not the sort of people you want to be dealing with. They have blatantly mislead you but apparently still have a chance of selling you a car. The dealers who had the integrity to say they couldn’t supply end up the loosers.
    Should you choose to still do business with them then perhaps you deserve each other

    • spackbace on 19/04/2019 - 13:59

      If it wasn't in that dealers stock, then they wouldn't have a stock number to attach…

      It's very likely that they were hoping for a car from another dealer. Happens all day every day.

      Pitchfork down buddy

      • Diji1 on 19/04/2019 - 15:30
        +1

        Happens all day every day.

        So nothing wrong here, just wasting the customers time and trying to sell them a $2000 sunroof instead of the car they wanted.

        • spackbace on 19/04/2019 - 15:58

          I said stock swaps happen all day every day. It was in the context of the sentence preceding it.

          But well done on your lousy quote to make an even lousier attack.

          It's like you embodied Tracey Grimshaw in that 1 comment.

          Well done!

          • dasher86 on 19/04/2019 - 19:20
            +1

            @spackbace: how does it happen if OP was given VIN in the contract?

            • spackbace on 19/04/2019 - 20:58
              +3

              @dasher86: 2 people buying the same car at the same time

              OR

              There's a "subject to finance" hold on that car, and they're not sure if the finance will go through

              OR

              The car has been swapped out to another dealer already, done by the stock controller, and the new car manager didn't know, or thought they could stop the swap from happening

              • dasher86 on 23/04/2019 - 09:01

                @spackbace: The must be a lot of caveats on the contract in favour of the dealer.

                I would have thought the system would have only allowed one vehicle per vin/stock number.
                First in with CC / deposit gets dibs?

                Subject to finance car sold underneath you even though finance has not been assessed.
                Understandable from a business perspective but once again must have a multitude of caveats.

                • spackbace on 23/04/2019 - 20:54

                  @dasher86:

                  The must be a lot of caveats on the contract in favour of the dealer.

                  There's actually a few to cover both sides. Rarely ever do they need to be used however.

                  I would have thought the system would have only allowed one vehicle per vin/stock number.

                  There's a few different systems, and different operating procedures. Some put stock numbers against it from the start, some send it to a stock controller to do so.

                  First in with CC / deposit gets dibs?

                  Typically yes, and if there's a "subject to" condition on the contract, there's nothing wrong with taking a second offer in case.

                  Subject to finance car sold underneath you even though finance has not been assessed.
                  Understandable from a business perspective but once again must have a multitude of caveats.

                  Yeah you'll only pass the car to the next buyer if the first buyer has been declined on finance.

                  It's not something you want to do until you've exhausted all possible avenues. At least in-house finance can ascertain their borrowing power and you'll know if it's a deal or not.

                  All this aside, OP's case is a strange one as the car was in the dealership's stock, plus they left a deposit. If 2 people are buying at the same time, it's the first to run to the new car manager with a signed contract who wins it.

                  I feel the dealership might have already had a stock swap in place and it was going to another dealership. Its the only common-sense (non-dodgy) thing I can think of.

    • [Deactivated] on 19/04/2019 - 14:06
      +1

      Should you choose to still do business with them then perhaps you deserve each other

      I've forgotten how easily people get triggered on here 🙄

      -JJB's Mrs

    • Pumpkin_rrr on 19/04/2019 - 14:30

      Very good point @Klevakiwi.
      The Contract contains Stock Number, VIN number, full spec and many other things.
      That's why I think it's quite bizarre.

      • This Guy on 21/04/2019 - 12:14
        +1

        Ask for an updated contract with the incoming car's details sent to your email (keep your current contract).

        If nothing changes they lied to you about something. If you get different details they sold your car for more money to the other customer (their software only lets one person place a deposit per car).

        I doubt they are waiting on the vehicle. They might be fitting a custom cream interior. The vehicle might be damaged. They may need to wait on an accessory you choose. Or there could be a mandatory engineering upgrade (still called a warranty repair) to make your new car safer that must be done before the vehicle is driven (surprisingly normal).

        The vehicle was there. The sales manager/general manager is being dodgy. The sales person was told to repeat a lie that management told them to close the sale (sales person is normally innocent). Your car should be fine, just don't expect to deal with the same people in the future.

        Check your email on the contract.

        Ring up the manufacturer and check your email. Say the dealer is acting dodgy as they are lying to you about your new car, and you want your chance to give honest feed back about your experience when you get your survey (Often the dealer will mangle your email so you don't get your survey).

  • spersephone on 19/04/2019 - 15:10

    I paid deposit and signed contract and had to wait four months for mine to come from UK! I wanted a specific combination and had to wait.

    • Pumpkin_rrr on 19/04/2019 - 15:18
      +1

      My situation is different… They showed me their stock, I picked one that's in their stock, which they said would be available to view that afternoon…….

  • [Deactivated] on 19/04/2019 - 18:38
    +1

    What would you like to happen, OP?

    • Pumpkin_rrr on 19/04/2019 - 20:16

      Thanks for asking JJB, OrMrs JJB
      I Just want a car, cream interior, no sunroof, a bit of power.
      Not too much to,ask for isn’t it?

      • [Deactivated] on 19/04/2019 - 20:28

        It's JJB :) Ness, aka Mrs JJB, has been politely booted off my account. I share everything with her but ozbargain is where I draw the line.

        I Just want a car, cream interior, no sunroof, a bit of power.
        Not too much to,ask for isn’t it?

        Nope, not at all.

        Are you happy to wait to get exactly what you want or are you willing to compromise to get a car that may not be exactly what you want (assuming they agree to thrown in the sunroof for free) but might have a slightly better resale value?

  • Pumpkin_rrr on 19/04/2019 - 20:40

    Hi Master JJB!
    I’m happy with any car that would fit that three criteria. (Well, not purple exterior!)
    So over car-hunting now!

  • Aerith-Waifu on 19/04/2019 - 23:13
    +1

    Think of it this way, you will have more resell value when its time to sell.

    Agree to the dealer but do ask for a free loan car for 2 weeks while you wait.

  • djones145 on 19/04/2019 - 23:13

    play hard ball
    my parents did
    was buying an old model, paid deposit said they didnt have stock
    qe blasted them, said we will take deposit back cause new car was more expensive and 1 month away

    we got the new car at old model price, and a hire car for a month

  • KB2 on 20/04/2019 - 01:46

    Same thing happened to me, we ended up calling around to other dealers to see if they had the car in stock and they did. We then rang our originally dealer and told them to get it from the other dealer otherwise we'd be taking our business to them. It's bloody annoying when you're told they have the car in stock and you can have it ASAP and 'coincidentally' it's no longer available

  • Klevakiwi on 20/04/2019 - 09:38

    You haven’t mentioned if your purchase order was hand written on a mta contract or computer driven. If it’s an electronic contract, then saying it may have been previously sold subject to finance doesn’t wash.
    The car would have been attached to the first buyers contract, regardless of whether or not it was subject to finance, and not able to be attached to your contract. If a hand written mta contract then who knows.
    A stock swap that the new car sales manager wasn’t aware of is possible, but unlikely, head office pulling the car to resolve a delivery issue elsewhere, is possible, but I suspect that the car had been previously sold, either as a factory order, or coming in as a dealer swap, and not attached to the original buyers contract.
    Generally until the vehicle is stocked in , no stock number can be attached to the car, so it can’t be allocated to a deal.
    Stock control should have marked the car as deal pending, so it couldn’t be allocated.
    None of this helps you though, just trying to give you some insight into what may of happened.

    • Pumpkin_rrr on 20/04/2019 - 15:19

      It’s computer typed with all details Eg Stock Number, Engine Number etc.
      so with that, you don’t think it is possible to double-sell the vehicle?

      • [Deactivated] on 20/04/2019 - 15:24

        It does sound dodgy.

    • This Guy on 21/04/2019 - 12:25

      Generally until the vehicle is stocked in , no stock number can be attached to the car, so it can’t be allocated to a deal.

      OP seems to be dealing with dodgy brothers. Many dealerships will report/RMA a sale early to hit targets. Some stock controller's will add a card (digital, in DMS) as soon as a car is allocated and the stock number is allocated when the card is made.

      Stock control should have marked the car as deal pending, so it couldn’t be allocated

      Most good DMS have finance put deposit against the car on the contract then lock it. Dealership looks like it is lying about something.

  • HeWhoKnows on 20/04/2019 - 10:50

    Its is unbelieve how many Ozbargain posters CANNOT make up thier mind.
    I suggest OP just decide for themselves what to do as it doesnt affect anyone else here.

    You either ask for a refund or go with the one with a sunroof.
    Thats YOUR decision, not ours. And its really quite simple!

  • tooblue on 20/04/2019 - 11:37
    +4

    It is becoming common bait and switch practice for many car dealerships. The dealership has nothing to lose if customer pulls out. However the customers waste time and deposit (although can be refunded).

    I wonder why there is no penalty for the these dodgy practice. In some other countries if a signed contact is cancelled after deposit paid, either customer loses the deposit or the merchant refund twice the deposit to the customer.

    • This Guy on 21/04/2019 - 12:34

      Dealerships have their franchise to loose/major bonuses to loose.

      Dealerships pay for their staff to sell cars. If you back out because they stuff up or lie, they have generally lost a few hundred dollars in wages spent to support you.

      If staff loose too many deals they will be fired.

      If the manufacturer is unhappy with the dealer they will stop bonuses, impose large financial penalties, open up additional franchises locally or even terminate the franchise agreement.

      If you take it up with your state's tribunal is can cause further trouble.

      Dealerships have trouble attracting clients when they have a bad reputation.

      The dealership has everything to loose. You just have your deposit to loose. Dealerships acting dodgy is stupid and very bad for them.

  • netjock on 20/04/2019 - 20:31

    If the contract has vehicle particulars such as unique VIN I'd make an example of them and take it to the police fraud squad.

    Obviously they have sold one vehicle twice. Knowingly doing so is fraud. Throw one or two car sales people in jail would help clean the industry up.

    • whooah1979 on 21/04/2019 - 07:28

      It doesn't work that way.

    • gimme on 21/04/2019 - 08:28

      Lol some people are way too bitter or have nothing better to do. The cops will laugh in your face

    • netjock on 21/04/2019 - 16:55
      +1

      People who don't get jokes, and we talk seriously about throwing bankers in jail.

  • Klevakiwi on 20/04/2019 - 22:13
    +2

    Pumpkin - rrr Simple answer is no Once the system has attached the stock number to the purchase order, it can’t be attached to another order, doesn’t matter if some one else is interested or negotiating on the same car . You win they loose.

    However the Sales Manager, or stock control, with the Managers ok, would have access to de allocate the car and reallocate it to another deal. As I said earlier he would have no reason to do this unless the car was already committed at an EARLIER date to another buyer or dealer, but had not had its status updated in the data base.

    Perhaps for your own peace of mind request a sit down with the the Sales Manager to get the real reason that they cannot supply a vehicle which is obviously in their stock, as it’s identifiers are on your purchase order.

    Do NOT accept the excuse that they have sold the same car twice at the same time , refer to my first sentence.If he wants to perpetuate this lie, tell him you will see him in small claims court and ask him to have copies of both contracts, as they will be time stamped.

    If you think he is still blowing smoke at you, ask to have a couple of minutes with the General Manager or Dealer Principal.
    As mentioned Electronic deals are time stamped, so they are treading on dangerous ground if they have decided to sell your car to a new buyer after you have placed an order and deposit.

    Having been a General Sales Manager for too many years in the motor industry, once a car is sold it is sold.
    A manager would loose all credibly with his sales team if he were to cancel a deal and give the car to someone else who is later on the scene, it just doesn’t happen.

    • spackbace on 21/04/2019 - 02:16

      once a car is sold it is sold.

      Unless sold with a condition - subject to finance, subject to wife's approval, etc etc. Just needs a conditional contract for a manager to take a second offer.

      Though in that instance, you'd be being transparent and saying that - "we have this one which is sold but the finance looks shaky" etc.

      Dealership I'm at currently, we don't assign stock numbers at point of contract, it's done later. All depends on the dealership processes.

      And yeah, this one having a stock number attached but then they claim it was sold to someone else does raise more questions than answers. Particularly as op put a deposit down, it's generally first to sign or put up a c/c number is first dibs.

  • whooah1979 on 21/04/2019 - 07:32

    There are plenty of dealers that want your business. Request the deposit back and shop somewhere else.

  • Ghost47 on 21/04/2019 - 10:01

    Tell them since they sold the car without stock that you get the car with the sunroof for the same price.

  • Dreamcast on 21/04/2019 - 10:03
    +1

    Same thing happened when I ordered my unicorn last week. I downgraded to a horse and was paid back the difference.

  • NotSureIfSerious on 21/04/2019 - 10:23

    my heart goes out to you op, after the trauma of trying to find a specific model that suits your needs to now having to wait 2 weeks for said car

    • brendanm on 21/04/2019 - 17:28
      -1

      It is truly terrible, not sure how op will cope without a gaudy cream interior for those 2 weeks

  • DiscoJango on 21/04/2019 - 12:05

    same thing happened to me at maccas. ordered a big mac the same time as someone else.

    thinking of my options

  • andyhui01 on 21/04/2019 - 13:18

    Just ask for the sunroof for free or refund.

    I have a panoramic sunroof which runs the entire roof of a SUV with the cloth shade and holes in it. It isn't that bad, the sunroof itself is fairly tinted. I have never felt heat coming from the roof.

  • coolroy on 21/04/2019 - 14:26

    Refund then choose another dealer who hopefully is honest….these guys have no credibility left, why still deal with them?

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