Delayed Arrival of New Car - What Are My Options?

Lwildonz on 25/11/2020 - 18:38
Last edited 25/11/2020 - 18:45 by 1 other user

I purchased a new car in mid-October and was told there was some delay due to COVID, so they set the delivery date for end of November. The terms of the contract dictate this can slip by up to a month.

I have been chasing an update on delivery for some time and they casually said maybe mid-December about 10 days ago but wouldn't confirm anything. Service from the dealership has been pretty awful since I paid my deposit.

They got in touch today to say it would now be early to mid January delivery date, blaming the ports for being on strike/'go-slow'.

I am without a car in the meantime and want to understand my options, and what the most likely outcome is.

As i see it the options are:

  • Loan Car: They stated they have no loan cars available to give me.
  • Rental car (they pay): Unsure if they'll cover the cost, but the salesperson is going to raise it with their boss
  • Negotiate on price: Not sure, how to approach this, I don't know much about cars or their sales margin (it was hard enough with the initial purchase).
  • Cancel contract, seek $1000 deposit back: Assume I can exit, but I do want a car, and I did like this car.

Can anyone please provide my some advice on what I should do from here? I have gone from very excited at buying my first car, to angry and frustrated.

Automotive Car

Comments

  • EightImmortals on 25/11/2020 - 18:50
    +5

    Horse?

    You can do whatever you choose but in the end if the product isn't available you can either wait or cancel the deal. Pretty sure the dealer would love to have the full amount so they are waiting on arrival just as you are. I assume you've rung around other dealers to see if there is actually a stock shortage.

    As for being frustrated and angry, those too, are choices.

    • wildonz on 25/11/2020 - 19:17

      Clip clop.

      Yea look if they were more forthcoming with info or not mixing me up with other random buyers I'd be a bit more chill but it's frustrating to be left in the cold now they have my deposit

  • yellowfever on 25/11/2020 - 18:51
    +1

    What does the contract say in regards to delivery date

    • wildonz on 25/11/2020 - 19:12

      Just that it can slip up to a month, no specified penalty

      • Seraphin7 on 25/11/2020 - 19:44

        And what does it say in relation to cancelling the contract?

        You can always negotiate, but when push comes to shove you can either wait, or cancel under the terms of the contract. In making your decision you will be well advised to consider how long the wait might be if you cancel and order a different vehicle.

  • kathmandu-jeff on 25/11/2020 - 18:51
    +3

    A rental car that the dealership pays for sounds pretty good to me. Clock up kms on their car instead of yours. Just understand the excess if you're in an accident will be very high.

  • pegaxs on 25/11/2020 - 18:52

    What does your contract say? What did you put in the conditions of sale? Have you asked the dealer what they are prepared to offer? Have you put your above options to them and what did they say? Do you really want the car and is cancelling the contract a viable option?

  • serpserpserp on 25/11/2020 - 18:54
    +10

    Best option is to whine on OZB.

    • Ocker on 25/11/2020 - 18:56

      Like it seems most newbies do?

      • serpserpserp on 25/11/2020 - 18:56

        Particularly when they sign up to the site to do posts like these.

        • wildonz on 25/11/2020 - 19:09

          Unless people need to make a post they don't make an account. Be using ozb for a while.

    • Peck on 26/11/2020 - 09:59
      +1

      Cheaper than a psychologist. Or Liquorland has a 'whine' deal that is guaranteed to numb the pain.

  • RM on 25/11/2020 - 18:55
    +2

    Talk to the sales person or dealership nicely about the whole situation. Help them understand how much you prefer getting the car but the wait is impractical or hurting your day to day routine.

    May be they will be Able to help with rental costs.. If not in full they might pitch in for a customer with a problem.

    Remember this is a special year and has been tough for everyone… Well…except politicians…

    They are probably not delaying this to frustrate you… But once you understand their position, chances are they will understand yours..

    • wildonz on 25/11/2020 - 19:14

      Thanks, that's sound advice. I have been on good terms with the salesperson so far as really trying to find a better outcome than walking or waiting.

  • [Deactivated] on 25/11/2020 - 19:01
    +2

    Without a penalty specified, the only thing you have any remote possibility of doing is asking for the contract to be nullified and your deposit refunded.

    The way the car market is at the moment, you may end up paying more and waiting longer.

    It's a seller's market.

    • wildonz on 25/11/2020 - 19:10

      That's helpful context on the market, wasnt sure if this was a unique situation or not at the moment.

  • brendanm on 25/11/2020 - 19:02
    +6

    I put your odds of the dealership paying for anything, to be between buckleys and none. The fact that you think they will pay for your rental car for 1 to 2 months is quite funny.

    • pharkurnell on 25/11/2020 - 19:05
      +1

      1 or 2 days is quite funny!

    • wildonz on 25/11/2020 - 19:08

      I never said I think there's much of a chance, but given all the other options are looking like crap outcomes I may as well try.

  • pharkurnell on 25/11/2020 - 19:06
    +4
    • Loan Car:
    • Rental car (they pay):
    • Negotiate on price:
    • Cancel contract

    You forgot - just wait for it to turn up.

    • wildonz on 25/11/2020 - 19:09

      Yea that's what I'll assume will happen if I just do nothing

  • tsunamisurfer on 25/11/2020 - 19:22
    -2

    May I add an option for :
    - Sue the Stevedoring company / Maritime Workers Union for the 2 months rental of a car.

    I am without a car in the meantime and want to understand my options, and what the most likely outcome is.
    I have gone from very excited at buying my first car, to angry and frustrated.

    So you've never actually had a car, but feel entitled to a free rental of a car.

  • wildonz on 25/11/2020 - 19:23
    +1

    Well I just haven't owned a car in NSW, just used rentals when I need it. I think the entitlement is driven by their breach or contract rather than anything else

    • brendanm on 25/11/2020 - 20:02
      +5

      The remedy for the breach of contract is that you can cancel and get your deposit back.

      • MrFrugalSpend on 26/11/2020 - 00:11

        not necessarily - the OP can seek "specific performance", Liquidated Damages (equal to rental cost etc) - depends on the terms. It is quite reasonable and foreseeable that the damages be supplying a car. we do this sort of thing with our contracts at work all the time. In fact it is more common than the immediate remedy being termination.

        • brendanm on 26/11/2020 - 07:18
          +1

          Are the contracts you are talking about for new cars? I suspect not.

    • pegaxs on 25/11/2020 - 20:09

      by their breach or contract

      Where is this breach of contract? Does it specify a delivery date and they missed it? Is it in the terms and conditions on the back of the contract you signed? Did you make it a condition of the sale that it had to be here by a certain date? It is only a breach of contract if it is written down and someone doesn't adhere to it.

      Hellishly inconvenient, yes, annoying, absolutely, breach of contract… well, I'm gonna need some more proof.

      • mskeggs on 25/11/2020 - 20:55
        +1

        Op says the contract says delivery can slip by up to a month. Since the new date has exceeded this, they are in breach of the contract.
        Op can likely terminate the contract and get their money back, but they probably can’t get any other concessions unless the dealer wants to offer them.

        • pegaxs on 25/11/2020 - 21:54
          +1

          It’s not the end of November and it’s not a month past the expected delivery date. OP can’t cancel the contract until all of these conditions are met. End of December rolls around, then OP can look at cancelling the contract. End of December is still another 5~6 weeks away.

          In this time, the wharfie union may get their pay increase, COVID delivery back log may have cleared/eased, ship may have got a favourable tide, so forth and so on. Until the contract has been breached, (currently at the moment, there is no breach) there isn’t a lot OP can do other than ask for what they have outlined in their post above.

          If they are saying that they “know” it will not be here till mid Jan, then they need to put that in writing so if OP wants to act on it and cancel the contract now, they can. If they are just “thinking/guessing” that it won’t be here till mid Jan, then no breach “yet”.

          • mskeggs on 25/11/2020 - 22:19

            @pegaxs: Fair.

          • MrFrugalSpend on 26/11/2020 - 00:13

            @pegaxs:

            December rolls around, then OP can look at cancelling the contract

            and even then they probably have something like 20 business days to remedy the breach of contract before they have to cancel and return the deposit… by which time the car will be here anyway.

            • pegaxs on 26/11/2020 - 08:30

              @MrFrugalSpend: Yep. There will be more loop holes in that contract than an angora sweater when it comes to what the dealer can get away with.

              The best part though, is that once it starts to get way past a reasonable delivery time, you can then evoke ACL and start chasing it up with fair trading. Once fair trading get involved, the dealer will have a lot less options.

              The problem is, and I kind of feel sorry for retailers in this position, but COVID really has kicked a lot of industries in the nuts when it comes to supply. Car dealerships already have a bad image and something that is out of their control isn’t helping.

      • This Guy on 25/11/2020 - 20:59
        +1

        Yes, in the contract. It should be general copy. It would be fraud to offer a contract of sale with no delivery date. OP is under the impression they are buying and receiving a car.

        Sales person should have made a note stating expected delivery date in the special conditions field and had the client and an authorised person initial it.

        In this situation the sales manager or GM should be talking to the client as the sales person has over promised and under delivered. OP's options are basically wait for the car or ask for, then wait for the deposit.

  • Pluto88 on 25/11/2020 - 19:26
    +2

    if all else fails could by a small cheap used Japanese car that's lost its value already and sell it when you get your new car for a similar price. It could end up being cheaper then renting

    • wildonz on 25/11/2020 - 19:29
      +1

      That's a decent idea mate, my have to activate this plan once they get back to me

  • Pluto88 on 25/11/2020 - 19:31

    yep get an Auto too they are easier to sell but you will pay a slight premium over an manual

    • wildonz on 25/11/2020 - 19:32
      +1

      Time to learn about cars real quick. I bought new to try to avoid this whole process haha

  • AndyC1 on 25/11/2020 - 20:07
    +4

    Always put that the car must be delivered by a certain date on the contract and get the sales man to sign it and get a copy of the contract when you sign it. I have done that with the last 3 cars I have bought and one tried to say there was a delay and I said okay then as per the contract I will come in and get my money back this afternoon as it's on the contract that it has to be delivered by the date agreed to or you need to get me a loan car. They rang back in a hour and said the delay has been fixed.

    Unfortunately the last car bought I ordered a tow bar and it was not on the car on the delivery day and was d&&^&ed arround by the dealer and it took another 4 days to get the towbar installed….

    Make sure you do not pay or sign anything when picking up the car until you have checked it and made sure all the optional extras are on the car. A lesson I learnt the hard way.

    • pegaxs on 25/11/2020 - 20:15

      Always put that the car must be delivered by a certain date on the contract

      Absolutely this. If you want something done about a car, you need to put it on the "condition of sale" part of the contract. If a salesmanperson says it, get them to put it in writing on the contract… "yep, it'll be here 1 Dec. 2020"… ok, write that on the contract. No use saying on delivery "well, the sales guy told me…".

      I refuse delivery for vehicles all the time. My favourite is "No advertising on the vehicle" in the contract of sale. Gets delivered with stickers and number plates for the dealer. Nope, not signing for that delivery.

      • AndyC1 on 25/11/2020 - 20:17
        +2

        Thanks for the "No advertising on the vehicle" tip.

        • pegaxs on 25/11/2020 - 20:29
          +3

          Last vehicle I got had dealer number plates on it that you couldn't remove the logo off the plate. They tried to sell it to me as "But they are slim lines that cost extra, so we offset that cost with advertising our logo…"

          Oh well, too bad, so sad… contract of sale says "no dealer advertising to be placed on vehicle", so I want plates that do not have advertising on them or a refund on the cost to have them replaced.

          I have rejected delivery of vehicles because, on the contract, I have stipulated that I want a flat 7 pin trailer plug and they gave me a round one and an adapter. Sorry! Contract says…

          If a salesperson flaps their lips, get it in writing. If you want something and they say "no problem, we'll have that done", Get. It. In. Writing. On. The. Contract!

  • brokenglish on 25/11/2020 - 23:16
    +2

    If it's not urgent and that you can wait for January's delivery, make sure the MY is 2021. If the contract doesn't say this, cancel it if you can.
    Your vehicle will lose a lot of value with just 1 year difference when you resell it in the future. Get a new car with MY 2021.

    • MrFrugalSpend on 26/11/2020 - 00:16

      Very true. We buy hundreds of fleet cars for work, but we stop buying them at around September and don't start again until late January and insist on the new year's plate.

      However I suspect if there's any truth to the wharfies being the hold up, the car is already on the way sitting on a dock somewhere starting to rust early in its life

  • crosswire on 26/11/2020 - 07:48
    +1

    It's really unfortunate but supply chains throughout the world are suffering from delays. Lack of containers, lack of ships, port congestion, industrial action.

    There's not a whole lot that can be done at this point. As much as it is frustrating, patience is a virtue.

  • 82norm on 26/11/2020 - 11:04

    Ask for free car mats and throw in a full tank of petrol.

    • wildonz on 26/11/2020 - 11:07
      +1

      Negotiated that all on purchase

  • OzHunterNSW on 26/11/2020 - 11:57

    Options, accept the exceptional circumstances the entire world is facing, and patiently wait like any good well adjusted person, or begin to complain like for example a hungry baby that has limited capacity in understanding its surroundings

  • Mrbfoodstuffs on 26/11/2020 - 12:13
    +1

    I had a similar problem a couple years ago the dealer ended up hiring me another car for 6 months. What happened in my case was they ordered me a manual when I order an automatic. After some negotiation I was able to get them to pay for the car hire.

  • HeWhoKnows on 26/11/2020 - 21:28
    -2

    Dear OP
    I think only YOU can decide
    Its YOUR problem not ours
    It affects YOU not US.

    If you are looking for lkegal advice then yes, someone here might be able to help you.
    But that doesnt appear to be the case.

    Now go away and work it out for yourself

    PS Huge demand for cars at present. Not a great time to be buying and even worse to negotiate. They will just sell it to someone lese.

  • mab5125 on 26/11/2020 - 21:54
    +1

    I literally just went through this and terminated the contract today.

    Currently driving a work vehicle that is set to be returned before Christmas, leaving me without a car.

    Purchased the new D-Max X-Terrain at the end of October with an expected delivery of mid-late December 2020 (date on contract was 31st December). Found out last week that the factory was going into a 90 day shutdown due to a parts shortage caused by suppliers in Europe being in lockdown.

    Chased my dealer and Isuzu Australia for over a week to know if my car had been built or was in the process of being built and found out just today that my car won't be arriving until March/April 2021.

    My contract stated if delivery is to be delayed by more than 14 days I could terminate. Even though it hasn't exceeded the contract delivery date, I was able to cancel and I'm just waiting for the refund of my deposit.

    If you want out, you can get out - I don't think you need to wait for it to be "breached" - I didn't - but if not you'll just have to wait it out I'm afraid.

    • wildonz on 26/11/2020 - 21:58
      +1

      Thanks mate, really appreciate you sharing your experience. Best of luck getting new wheels.

      • mab5125 on 26/11/2020 - 22:01
        +1

        I actually purchased a new car yesterday subject to the D-Max contract being terminated. I got the new BT-50, delivery is expected between 6-11th December hopefully! I couldn't risk waiting any longer and being left without a car.

        Good luck mate! I hope it works out for you.

  • SlickMick on 28/11/2020 - 10:17

    We were given a loan car while we waited… however, they got paid on the original date and our lease payments started. (I guess we had the weight of a fleet company to get some leverage.) I was going to say "like hell", until I realised the loan car was at least equivalent, with unlimited kilometres. "Take your time on getting the new car ready guys":

  • Samsungnote10 on 28/11/2020 - 11:52

    OP, if you think your situation was bad,
    I ordered mine on the 8th Aug, got told end of October, then got a end of november update,

    sales manager I was dealing with moved on, new one comes in and says maybe before christmas/ maybe end of jan

    now been confirmed that it will be second week of jan, car is arriving in Aus/Vic 28th Dec, but since everything is closed at that time,

    I asked nice for a discount on some accessories, or non factory upgrade, eg Spoiler,

    They said no

    so 5.5 months since order date to me is pretty bad

    • Bargainz on 29/11/2020 - 20:13

      Why would you want to take delivery of the car at that point? Aren't you essentially getting a "run out model" at that point?

      • Samsungnote10 on 29/11/2020 - 20:22

        the thing is, the delivery times due to covid now seem to be about 5 months,
        I am currently checking my contract to see what remedies are available as to delays

        but absolutely, by the time the car arrives, its going to be one year old on paper,

        im still thinking of what I should do…….

        ideally i want a 2021 model but dont want to wait another 5 months if Icancel and reorder

        • Bargainz on 30/11/2020 - 10:39

          Not an easy decision but definitely something I would address with the dealer directly before it hits the docks next year. Maybe you can stipulate you'll only take delivery if its a 2021 model, should be easy enough to confirm if they have already built the car or have a partially built backlog in their factories.

          • Samsungnote10 on 30/11/2020 - 11:43

            @Bargainz: true true, apparently building has started a few weeks ago, scheduled to arrive in aus end of dec, and I will receive it mid jan

            I could probably sell it for $500 more since its only 6 weeks away, but as you said, the hassle…..

  • Klevakiwi on 02/12/2020 - 11:41

    So if you are in NSW your purchase order will have an estimated date of delivery on it.
    As per the terms and conditions on the back of your order the dealer has 30 days after the eta to deliver your car, and you are obliged to take delivery within a certain number of days once the dealer has notified you of the cars availability.
    These terms are there for your protection and the dealers.
    Should the dealer be unable, to supply within the dates mentioned, then a simple email requesting a refund in full will do the job.
    This doesn’t get you a car, but the option is there if needed.
    Dealers are not in the habit of proving long term loan cars, or covering the cost of rental, or renegotiating. Not to say it doesn’t happen, but at any one time a metro dealer selling Euro cars may have in excess of 200 cars retailed on order, and there are a multitude of circumstances that can cause delays.
    Have a chat to your sales person or his manager, and find out at what stage in the system you car has reached.
    Ask him if it has been preferenced yet. Once preferenced it is actually in the system to be built. Until then it is just a data entry.
    Imagine you go to your local fish and chip shop and order 1 piece of fish and $1. Chips.
    Your order is written down and left on the counter. Nothing happens, it could sit there all day.
    When she/he takes your order into the kitchen and hands it to the cook you are in business, it’s been preferenced.
    This info comes from someone who spent 10 years as a GSM in large Sydney metro dealerships.

  • ECE on 02/12/2020 - 11:46

    May we know what kind of car did you order?

  • Klevakiwi on 02/12/2020 - 11:49

    Jesus, just tapped out a post then saw your update re delivery.
    As it’s arriving late December you might as well ask the Sales Manager to hold off on getting the car complied until January.
    Auto nexus or pre car or Patrick’s depending on what you bought will have a Xmas shut down anyway, so a 2021 complied car makes sense.
    Also means you aren’t up for car insurance and rego at Xmas each year.
    Give the sales manager plenty of notice if this is what you want to do.

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