Should I cancel the contract??

breytonhartge SG · 2006-10-17T13:14:01+00:00

Just saw this one, yes, tear up the old contract and do a really really good deal on a new vehicle. just need to remember to put everything on paper.

breytonhartge SG

Today was supposed to be a happy day for me... I signed a contract on a demonstrator BMW E61 530i M sport Wagon in carbon black, dakota leather, 19 inch rims, a beautiful car done only 2500kms. 3 months old. New N2 engine...

Thing is that the sales person told my wife and I that TV was optioned and that the road tax for this car was stil valid for six months, I made my offer based on this as part of the overall criteria. When I asked to see th vehicle, he was most reluctant to show it to me, and so we just looked at it form the outside and went back to the show room to negotiate the price etc... so after signing the contract, we insist on seeing the car and to our great disappointment.there was not TV option. At this point my wife is pretty upset because of two things. 1. no TV and second 2. only one month road tax left.

The sales person did apologise and say that it was his mistake, but when we asked how he was going to rememdy the mistake, he basically said, it is still a good deal anyway and you don't need the TV. He was very flippant about the whole thing and even when we pushed for some rectification, he said, if you are not happy, there is nothing I can do and we can go upstairs to tear up the contract. When I then asked him whether a TV could be retrofitted, he said no. But going through REAL OEM on the web, I find that there is a retrofit option. He has lied to us again.

We are upset also because the previous day, we had passed up a great deal in Melbourne on another wagon which was more highly specced and about $15K cheaper just to do the deal in Adelaide. Now I am not very happy. What do you think? I still have not paid the deposit.

Ito_^ SG

tear up contract.

nOrmalbOi SG

Yes.

Disappointment SG

Tear his prick and the CONTRACT.

play_n_play SG

i cannot imagine the service over there is so poor...
what is the sales' name? i went down last weekend...

or just tell him/her, "i would like to talk to your manager!" Laughing

hondapons SG

Can i know what is the car dealers name?

hondapons SG

nvm... melbourne.

too far for me to do anything.

not sure about the ways of doing things there.... if u think its is a good deal then go ahead.. u got nothing to lose.

Ponders SG

hey, if you are in Australia, consult their Business Bureaus there. Their laws there are clearer on such things and implicit contracts (verbal) ones are taken into account.

You can tear up contract though.

rmyfrm SG

Are you seeking legal advice or general opinion as to whether or not to cancel the contract?

With regards the latter >>> Yes.

With regards the former:

1) Your vehicle purchase contract should have a clause that includes a "cooling-off" period, i.e. during this period taking effect immediately from the purchase, you can rescind the contract without incurring liability.

alternatively,

2) As a bona fide purchaser, having acted to your detriment, on the misrepresentation of facts by the vendor, you are entitled to seek a refund of your deposit/purchase price. However, it should be noted that as you have already taken notice of this misrepresentation (with the vendor acknowledging and admitting to this), any delay would act against your claim (acquiescence). I have not mentioned specific performance because I am doubtful the vendor would have a model, exactly/similarly close to what was promised.

Please do not regret your purchase and never let circumstantial pressure get the better of you.

FYI, the TV, is not cheap; 3rd party installations might give rise to subsequent warranty issues, and it wouldn't be cheap either.

Which BMW dealer did you go to? The one on Kingsway?

EDIT: The views above represent that of an individual, and is not intended to be/represent any form of professional legal opinion.

<Precious> SG

Under the law, you are entitled to rescind the contract on the ground of misrepresentation because the slesman has told you things that are not true like the tv option and road tax. This actually amounts to a fraudulent misrepresentation for which will not only entitle you to cancel the contract but also to sue for any losses you may have incurred as a result of that misrepresentation.

Of course, the above is the English law of contract and unless it applies in your country will be crap......... Wink

rmyfrm SG

It will apply to Australia, as a common law country.

EDIT: There will inevitably be minor differences in the application of the law of contract varying between UK/AU jurisdiction, but with regards to the matter at hand, yes it will apply.

EDIT: With regards to compensation, I believe the claim 'holds no water'.

EDIT: P.S.: I actually encountered a similar situation when purchasing my car in Feb. - I cancelled the contract and went to another dealer.

nullifi3d SG

There is still time to source a 2nd hand E-39 M5. All is not lost. Smile

Oh yea, the sales agent is ripping you off.

manjieass SG

TEAR..

kaister SG

He basically lied to you in your face and misrepresented his goods.

Tear the contract and throw it in his face Twisted Evil

valcrist SG

Tear. That isn’t even a deal. It’s a scam.

breytonhartge SG

Went to see the sales manager... who was very very very apologetic. He basically told my wife and I that he did tell the sales person off and he offered this as compensation:

1. BMW M driver day for my wife and I
2. Free BMW protection pack which includes security window tint, paint protection, upholstery protection, leather protection
3. Cargo protection mat for cargo area.
4. 6 months registration
5. Rubber floor mats.
6. Alternatively I can tear up the contract and the sales manager will personally find me another car or do a really really good deal on a new vehicle.

Is this enough??

nullifi3d SG

Do you have to commit so soon? If not try sourcing for other deals and try sleeping over it for a few days. Ultimately we can't tell u if its a right offer, important thing is to trust your gut feeling and your common sense.

alexkusu SG

u should

monoslayer SG

tear up the contract n kick the agent in his balls.

Chin Eng SG

is this the same guy who think you're Jewish or is it another sales man.....

end of the day - don't trust any used car agents... they'd promise you the moon and the moment they go back into the office, they'd say - suuuckeerrr!

haven't pay? tear up the contract!!!!