Im not defending the dealer concerned but put the shoe on the other foot. what would the outcry be if said dealer had said "ahh yea Ive got your $1000 deposit but we sold the car elsewhere anyway" ? To be clear Im NOT for a second saying I agree with how the salesman has handled this.A DP takes a MUCH longer view on a sale than a salesman does. I'd also like to see the paperwork and find out who was doing the talking and EXACTLY what was said. Its totally within the bounds of reason that the exact words used imply rather than outright saying the deposit won't be refunded.
coolieo,
Jan 6, 7:47am
Hey man, u need to chill, I'm on here posting about this and discussing this so I can get an insight into what others think of this situation or if theres anything to help her,if I can. It seems to me you think I'm the one that is leading this boat based on what posters have to say on a message board and doing whatever I want. In the end, its her money, her car and her problem, she has been seeking advice about this and contacting the DP as well.
On the other note about finance cool down, she hasn't signed any finance papers yet nor has been told what the actual repayments may be, that will be decided by the finance company with which the dealer does finance through as told by the salesperson. So in this situation, If the finance company comes back with your finance is approved and and you have to pay xx $ per week, your take on it is that she has to accept it at whatever cost and take ownership of the car.
bazza102,
Jan 6, 7:57am
Fair enough comment kazbanz. If the boot was on other foot and custi came in I would be telling client we had another client ready to buy. Just to confirm. Sure needs a ph call. Cheap enough. Or the dealer could just get another and stand loss if any. Hardly the last Nissan he will sell
coolieo,
Jan 6, 7:59am
ok, she has shown me the VOSA, and it only has $1000 deposit paid, remainder $44,000 remaining , special condition: Subject to finance. Nothing outlining repayment details.
edit to add more the dealer doesnt have the vehicle in his yard yet, once everything was done, he would have contacted their head office and bring in the vehicle, register it get it ready for her to take delivery, all this by end of this month, If dealer is saying, ohh I've incurred a loss from this sale since i took the vehicle off the market and prepared it for you, then that isn't true.
Tbh, I think that it could be a $1000 lesson in the end for her since she is the one that signed the agreement.
bazza102,
Jan 6, 8:01am
Come to think of it there was a home appliance store that had the motto "it's the putting right that counts". The product needed a fair amount putting right but it drove sales more than selling a product that never broke down. IIMHO they mad if they enforce deal
newtec1,
Jan 6, 8:17am
Buyers remorse gives you time to reconsider ,not sure about that situation. If the dealer had any credibilty they would cancel the contract with no harm done to anyone.Especaily when they suggested another buyer may take the car instead.
newtec1,
Jan 6, 8:21am
Subject to finance would indicate she wasn't obliged to carry on with the deal.Whether the finance was refused by a company, or her own situation being unable to continue is only splitting hairs. Finance wasn't arranged therefore no deal.
kazbanz,
Jan 6, 8:22am
dude you have TOTALLY have the wrong end of the stick I promise you. Thanks to narks and message board Nazi's I personally can't tell you specifics as to why Im frustrated. I can probably say that 'someone somewhere " on this board is DP of a mid sized car dealership. and "someone somewhere" is more than happy to do what they can to help out. So THAT is the head brick wall part.-the exact oposite reason you think it is.
coolieo,
Jan 6, 8:38am
No worries Kazbanz, Sorry, I just wasn't sure if you meant that i don't get your point about her getting advice from someone who actually knows what the in and outs are.
kazbanz,
Jan 6, 8:41am
sok dude -offers there
coolieo,
Jan 6, 8:44am
Sure, but hw to get in touch with the "someone"
3tomany,
Jan 6, 8:45am
Buyer remorse is very real and the reason you should never buy a car in the dealers office, always make the decision at home especially buying new as no matter how many times the salesman tells you it is the last one in your colour fact is they are probably building 1000 of them a day so your colour will come on the next boat. Second hand cars are mostly the same as a quick search on TM will show up hundreds of similar cars so never purchase under pressure
coolieo,
Jan 6, 8:52am
yep, and I have a feeling this is what her situation is, buying a new car, signing for it, then think maybe the payments will be a too much and or theres no way i can afford a $45k car, better pull out now which to me seems unfair on the dealer to some extent but since there hasn't been any progress on the finance nor the bringing in of the vehicle, no harm done.
henderson_guy,
Jan 6, 8:53am
On an unrelated note, I hear the fella who operates Millars Car Centre is a pretty helpful bloke, just in case you can't get in touch with Kaz
3tomany,
Jan 6, 8:53am
try millars cars the DP is an argumentive so and so
They may well be able to cancel the contract as they have not taken home the goods or services, but should also have ideally noticfied them within 3 days in writing she was cancelling the contract, she did it verbally.
Get some legal advice even talk to citizens advice if needed asap and DON'T take receipt of the vehicle under any circumstances. If they are a licenced dealer go direct to institute or even Nissan NZ IMHO if once you have read the legal stuff about credit contracts act if you think they may at all be acting in any way outside of the law.
jmma,
Jan 6, 8:56am
Maybe have a look at this car (o;
811319404
coolieo,
Jan 6, 9:00am
thanks guys , millars its is.
3tomany,
Jan 6, 9:01am
look under the seat for left over credit contracts from the previous owner but do not under any circumstances argue with the salesman
gunhand,
Jan 6, 9:06am
Heres my five cents worth on this. There would have been a fair amount of fast speaking going on from the dealer I would think. I reckon she was probably left confused to what was going on and later realised just what she has done, or was about to do. Now I could be wrong but if the dealer (not dealership) was being dodgy he may be thinking, Well ill sell a vehicle, get the money from the finance company then the repayments to be made are not my problem, it's theirs, I don't care if she can't pay, ive got my cash. Shes stuck with a car she can't pay for, lost a grand (maybe) for her trouble. Uses vehicle therefore devalues it by 10k straight away. It's repoed, shes made bankrupt and still owes outstanding balance as car can't be sold to cover it all. However, if no finance has been arranged, signed up or whatever none of the above will happen as dealer won't get his cash and pretty sure he won't hand car over. As for your thou. You have nothing for it so I'd say any decent lawyer or tribunale will get it back. I don't beleave for a minute they can keep it. You do have legs to stand on, it's just finding which ones they are. Did she do all this dealing by herself? And why did she not work 3, 4 or 5 year repayments herself on a no deposit and 1% deal? Even just working it out without the interest would give a rough idea. And no doubt, On road costs and transaction fees apply, as well as insurance they may sell her and so on. Messy messy goings on. Always two sides to any story and we really only have one. Good luck with whatever happens, but I think she shall come out ok if handled correctly. But i'm far from any excpert on this at all.
coolieo,
Jan 6, 9:12am
one would think she would do her homework b4 signing a agreement but she did the opposite, sign the agreement then later work out the numbers and think about it.
newtec1,
Jan 6, 9:22am
One would think so.Does she have a hubby.
emmerson1,
Jan 6, 9:28am
Then how could she hope to afford $46,339 plus finance charges? (1000+44,000x(1+(0.01/12))^36 if any of you need it - and finance-wise that does seem a sweet deal.)
From you original description, it is unclear to me if the cancellation clause was one-way or two-way? That is, they would cancel the deal and repay the deposit if they did not secure the car she wanted (i.e. some other dealership got it first), but you do not state if they said there was any way she could cancel the deal.
Good luck, I hope that the lesson either comes free or 'only' $1000. Someone I know once 'accidentally' bought a house, and it wasn't easy or cheap to get out of.
coolieo,
Jan 6, 9:52am
A house! ouch!. but in her case, it is more of a problem that she did all the signing in the office and did the numbers at home. Note that she hasn't been given actual repayment numbers when signing the agreement. Realising that, she wanted to back out but dealer said not so easy, we will keep your money. Obviously the dealer isn't concerned if she can make the repayments or not, once finance is approved, its not their problem if you can pay it or not.
coolieo,
Jan 6, 9:55am
Yes, my brother, she's my sister in law as in my original post. He was there when she went back which was yesterday and obviously they told both of them that no, can't do anything now, only option is to go ahead with finance, once approved, get your car. Done
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