Dealer contract dilemma

[nyabinghi]

Hey all,

I entered a contract to purchase a 2011 KX-R AWD Kluger on the 29 of Aug. There was a verbal agreement that the vehicle will be delivered between 2 to 4 weeks, however it was not written in the contract (that section was left blank). It is now coming up to the fourth week, however every week I call this dealership they say that they don't have a delivery date for me as of yet. Now, I know for a fact that several dealerships are taking delivery of this particular model of Kluger within the next 2 weeks that are available for sale. Yet this dealership have no idea when my vehicle will be delivered.. are they playing me?? Anyway anger has set in due to the fact that we've spent $600+ on car hire due to the non-delivery of this vehicle in the period that was verbally agreed upon. Now I know that a verbal agreement without any written evidence is worth sweet FA, so I am stuck between a rock and a hard place. From what I interpreted from NSW Fair Trading is that if there is no estimated delivery date written in the contract then the dealer has up to 3 months to deliver the vehicle. Furthermore, I assume that If I were to rescind the contract there would be significant penalty if I were to do so. Anyway I hope of you can provide me with some answers or a reasonable course of action (with the most obvious is to wait out the 3 months).

Thanks,

Paul

[95celica]

it may be a long shot but maybe pressure them into giving you a car to drive in the meantime, will probably be a used car off the lot but its worth a try. Play the sob story, you have a sick grandmother you have to take to the hospital every day or along those lines,

[Matty P]

Did you pay a deposit? If so then it is hard to just walk away.

Tell them if it is not delivered within the next 2 weeks you will cancel the order. Point out that you have already waited longer than you were told and they need to do something to make it right.

I have a mate that did that. Got sick of waiting and no firm delivery date so he just went to another dealer and bought one off the lot - it was under lease so he did not lose any deposit.

Good luck with getting it sorted. I know the waiting is a pain in the a$$.

[Air23]

that happened to me two months ago where the dealer promised to deliver the car in 3 weeks. She said that they have the Kluger KX-S coming in 3 weeks time but 3 weeks comes and no Kluger KX-s showed up. So what I did was I obliged them to provide me loan car that I can use while waiting for it and they got it sorted out for me. And the delivery took 1-1/2 months. Whew, I saved from renting a car.

You can ask the dealer to provide you a loan or used car while waiting.

chz

Edited September 25, 2011 by Air23

[Ronnyboy]

Maybe go in to the dealership and ask for a loan vehicle if the delivery is going to take longer then 4 weeks.

find out from the dealer if there is going to be a cancellation cost. The dealer might wave the fee since they couldnt deliver the vehicle in 4 weeks...

[Sujitsu]

Hi paul,

Mate like you said, a verbal contract means sweet FA. You have signed the contract and you cannot get out of the contract uptil 3 months. Mate if you turn the contract page, on the top right corner it states that the dealer has to deliver the vehicle to the customer within 3 months..........

I reckon your best bet is to ask them to give you a loan vehicle........

Good luck

[nyabinghi]

Hi Guys,

Thanks for the replies, its very much appreciated. We finally got a deliver date from the dealer for the 30th of October, so at least we are making progress but I will also oblige them the provide a loan vehicle in the interim. A caveat that was brought to my attention over the weekend was that if a Vehicle Identification Number (VIN) was not written in my contract and there is no estimated date of delivery then the contract is not legally binding. To get further advice with regards to this I called Fair Trading NSW this morning to discuss the issue however they were unable to provide a definitive answer. They advised me to talk to the dealer and if that didn't provide a satisfactory outcome then I should approach a solicitor. So essentially they advised me on a course of action that I had already considered, but I guess it would be hard for them to give me specific advice for my particular situation if they did not have the contract in hand. Nonetheless, we've decided to remain with our current dealer (not sure if we have the choice at the moment) and wait out the delivery date. Again thanks for all your replies.

Edited September 26, 2011 by nyabinghi

[01 VEY]

Hi Guys,

We finally got a deliver date from the dealer for the 30th of October, so at least we are making progress but I will also oblige them the provide a loan vehicle in the interim.......

Again thanks for all your replies.

Hi Paul

The long delay in delivering your vehicle should at least give you some leverage to have a few accessories and extras thrown in to compensate you for the inconvenience of having to hire an alternative car. I would do the push to get as much from them as is possible. With the Aussie dollar doing so well against the US rates the margins that dealers are working on are substantially more than they were getting a couple years ago so they should come to the party with something for you.

Worth a try I think

[nyabinghi]

Hi Guys,

We finally got a deliver date from the dealer for the 30th of October, so at least we are making progress but I will also oblige them the provide a loan vehicle in the interim.......

Again thanks for all your replies.

Hi Paul

The long delay in delivering your vehicle should at least give you some leverage to have a few accessories and extras thrown in to compensate you for the inconvenience of having to hire an alternative car. I would do the push to get as much from them as is possible. With the Aussie dollar doing so well against the US rates the margins that dealers are working on are substantially more than they were getting a couple years ago so they should come to the party with something for you.

Worth a try I think

01 Vey,

Good idea bro, a similar thing happened our friends who waited longer than 3 months for their Captiva. In the end the Captiva got optioned to hell and high water because my friends were going to walk. If the dealership had told me at the commencement of the deal of a realistic delivery date then I would have been cool with it (or I may have gone to other dealerships), but instead I get this BS because they want my business. Anyway at least we've got a date now all due to my missus giving them the crazy eyes on Saturday and giving one of the managers an earful (noting that she has been very patient up to this point, which is a little hard for her). Anyway I appreciate your comments and I might as well use this situation to leverage some extras, god knows we pay so much more here than the equivalent highlander in the USA.

Cheers