Advice - Special Conditions on Contract of Sale of Car

Tsubasa on 14/12/2023 - 23:38
Last edited 15/12/2023 - 10:20 by 1 other user

Hi all,

Seeking your collective wisdom… I've decided on a car and dealer and have received the contract of sale. All looks good bar the special conditions.

As we provide information to you in advance of production and subsequent vehicle arrival, the specifications listed are subject to change, delay or cancellation.
Please note that section 4-4.2 Does not apply as this car will be a Forward Factory Order with an approximate delivery date of 6 months APPROX.
Deposit will not be refundable if cancelled before the approx. delivery date given.

I don't quite understand two points:

  • If the specifications are subject to change or cancellation - does that mean that this constitutes a contract variation and my agreement is required. If I do not agree, I am refunded the deposit?
  • As there is no specified delivery date, and they come back with a longer delivery date than I would like (say 12 months), am I entitled to getting my deposit back if I decide that is too long?

Thanks in advance.

Automotive Hyundai

Comments

  • spackbace on 15/12/2023 - 02:09
    +1

    What brand?

    • Tsubasa on 15/12/2023 - 09:13

      Its a Hyundai

      • spackbace on 15/12/2023 - 20:27

        The conditions on the back of the contract can't ever be changed, no dealer will accept a strike-out. The conditions at the bottom of the contract however can be added to. You're more than welcome to write "Deposit is refundable if wait time should exceed 6 months and/or purchase price increases during this time".

        Dealer should be fine with that.

        Toyota contracts allow for that, and their wait times are worse…

  • Euphemistic on 15/12/2023 - 05:39
    +1

    What is 4-4.2?

  • elgrande on 15/12/2023 - 06:55
    +1

    Who's we?

    • Tsubasa on 15/12/2023 - 09:14

      We is the dealer.

  • holdenmg on 15/12/2023 - 07:47

    No, I wouldn't agree.

    How much is the Deposit?

    • Tsubasa on 15/12/2023 - 09:14

      Its 1k

  • randomusername2017 on 15/12/2023 - 07:47
    • No
    • Yes - After 6 months.
    • RockyRaccoon on 15/12/2023 - 08:12

      I think you might be wrong on your second point.

      Please note that section 4-4.2 Does not apply as this car will be a Forward Factory Order with an approximate delivery date of 6 months APPROX.

      Note the APPROX which is a repeat of the approximate. To me that suggests they are giving every warning that its not a set date, which knowing its a legal document to me says you wont be able to cancel based on the delivery date not being 6 months.

    • GordonD on 15/12/2023 - 08:38
      +1

      Yes - After 6 months.

      That one seems pretty clear. They are saying that if they can't meet an approximate 6 months delivery date you can cancel and get a refund of your deposit.

      I'm not sure about the other point. Because I'm not certain what the OP means. If they mean their agreement to the extra condition on the contract is required NOW, or there is no contract and you get your money back, then the answer is yes. If they mean would they have the right to cancel the contract and get their deposit back when they find out the exact specs of the car and they don't like them, I don't know. But if the car is in such demand that there's a 6 month waiting list, and the dealer could sell it to someone else immediately, the dealer would suffer no loss by the OP cancelling so they have no legal case to hold the OP's deposit. Deposits exist to cover costs incurred if the other party backs out, so if the dealer has incurred no cost because they can sell the car to someone else immediately they can't hold onto whatever part of the deposit would cover costs incurred.

      • Tsubasa on 15/12/2023 - 09:20

        My issue with this clause is the use of two approx.

        Should the last clause read instead:

        Deposit will not be refundable if the contract is cancelled before the final delivery date is given.

  • Brian McGee on 15/12/2023 - 08:14
    +1

    You could put in your own condition that any variance regarding ommissions of features, say a 1% discount on anything taken out?
    Or you could strike the condition and not agree to it before signing.
    Remember that you are the one with the money, the dealer wants that money, you have the power to amend the contract or walk away.

    • Sterio on 15/12/2023 - 08:46

      Exactly.

      • Tsubasa on 15/12/2023 - 09:26

        Given the market for cars, I am not sure I will fare well with another dealership. I was thinking of asking for the addition as follows.

        As we, the Dealer, provide information to you in advance of production and subsequent vehicle arrival, the specifications listed are subject to change, delay or cancellation. If there are any differences to the vehicle specifications that would enter production, we will contact you, the Customer, and seek your agreement to proceed with the execution of this contract. If you decide to not proceed with the contract, the deposit will be refunded.

        • holdenmg on 15/12/2023 - 09:59

          Hi,

          The specifications would be subject to change, but not "delay or cancellation"

          Also, worth noting that Specification changes can be of benefit to you.

          • Brian McGee on 15/12/2023 - 10:08

            @holdenmg: I would say removing something like auto-wipers or radar cruise control would be a cancellation, and that you should have the right to cancel the order or proceed with a discount.

  • Protractor on 15/12/2023 - 10:19
    +1

    The 1K is not refundable , it's based on their losses if you do back out.

    IANAL

    Just take someone with you to the dealer and clarify it specifically

  • pegaxs on 15/12/2023 - 10:49

    Wait till it turns up and it's now $3000 more expensive because you forgot to read that portion of the contract…

    • Protractor on 15/12/2023 - 10:52

      OP could ask dealer for exact details and get peace of mind, or pontificate en masse, with Ozspeculation.
      Direct communication, the latest anthropomorphic extinction.

      • Tsubasa on 15/12/2023 - 20:18

        They cannot supply the details upfront hence the issue. Reached out to the dealer already with the same response. Though likelihood of specs changing is low.

  • AndyC1 on 15/12/2023 - 18:17
    -1

    I would ask the clause to be changed to what you want and if they do not then go to the next Hyundai dealer in the next few suburbs over.

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