Where do I stand legally?

[Cruiser]

Originally Posted by m0nty

There's only cooling off on finance, not purchases.

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Ahh ok. I Didnt know that. thx for that info.

[stevo_12v]

Sounds like you didn't do your home work and that the dealers a crook. Hopefully you put down 'subject to test drive' in your clause so at least you can exit out of this.

[Kenno]

Unfortunately, I took the car for a test drive on Tuesday afternoon before doing this paperwork, doh!

Just looked at my contract, on the back where the Terms And Conditions are, I have not signed it. Does this make any difference?

[stevo_12v]

Yeah, makes all the difference. Usually they have T&C so the buyer has a way to 'exit' the contract if they are not happy with the deal. Standard ones are subject to pricing, subject to test drive, subject to finance. You could put other 'subject to' clauses if you wanted to.. "Subject to girlfriends approval" lol

[Nardi330]

Not subject to finance unless u told them upfront that u are getting finance.

If u already told them u don't need finance then this clause no longer applies.

[catcha]

got yourself in a bit of a pickle, should not have signed it. did you put subject to finance to a specfic lender.

this is going to be an expensive lesson for you. who are you financing the car with ? your only way to get out is if you can't get finance. or talk to the manger again and plea.

[GC GTS Aero Kit]

I think if you sold your trade privately the worst thing that could happen would be they won't sell you the new car.....What deposit did you leave? I would be inclined to think it wouldn't be refunded either or it would be very slow in being returned to you.

On another point are you prepared to wait for another vehicle if they didn't let you keep your car....seeing as late this year/early next year for a Manual GTS in QLD is the norm would you be prepared to wait

[Nardi330]

Kenno, do u have anything in the special condition section?

If u sell your car privately, u have breach the contract and subject to the default clause and they can recover from u up to 10% of their lost.

U know what, u seems to have the same standard contract as me so I'll have a look at the T&C after dinner.

[Kenno]

Originally Posted by GC GTS Aero Kit

I think if you sold your trade privately the worst thing that could happen would be they won't sell you the new car.....What deposit did you leave? I would be inclined to think it wouldn't be refunded either or it would be very slow in being returned to you.

On another point are you prepared to wait for another vehicle if they didn't let you keep your car....seeing as late this year/early next year for a Manual GTS in QLD is the norm would you be prepared to wait

My deposit was $2,000. Yeah, I'm thinking the deposit and the car would both be lost. And to be honest, I'm not prepared to lose the deposit or wait until next year for a replacement car. Especially as I will be taking delivery in under 3wks.

Originally Posted by Nardi330

Kenno, do u have anything in the special condition section?

If u sell your car privately, u have breach the contract and subject to the default clause and they can recover from u up to 10% of their lose.

The only thing in the special condition section is: "Non-genuine accessories fitted to, or defective parts attributed to their fitment on this vehicle, will not be covered by the Toyota Factory".

So if I do go ahead and sell it privately, hence putting me in breach, is the 10% calculated on the $9,000 quoted for my trade-in? If so, that is only $900 and is quite an acceptable payout compared to what the private sale would hopefully get me.

[Nardi330]

Look at the default clause. I'll do so after dinner

[catcha]

Originally Posted by Kenno

So if I do go ahead and sell it privately, hence putting me in breach, is the 10% calculated on the $9,000 quoted for my trade-in? If so, that is only $900 and is quite an acceptable payout compared to what the private sale would hopefully get me.

its actually 10% of the full purchase price 40k $4000 if they wanna play hard ball. I have never seen any dealer do it to date. But they can.

[GC GTS Aero Kit]

Yeah considering the backlog of these cars all they would do is sell it to the next person guaranteed sale......you go to the back of the que

[Kenno]

Originally Posted by catcha

its actually 10% of the full purchase price 40k $4000 if they wanna play hard ball. I have never seen any dealer do it to date. But they can.

Just realised this. So I would be losing my deposit, my 86, and have to pay $4,000 for lost income. In the end this is all not worth it.

So, I will be putting my tail between my legs and taking this one like a man. Yeah, I was stupid and unprepared.
Instead, I'm just going to be happy with the fact that I can:
1. Be in the position to be able to afford an 86GTS in the first place
2. Have one arriving in less than 3wks, yay!
3. Take heed for the next time I trade-in a car

[m0nty]

Originally Posted by catcha

its actually 10% of the full purchase price 40k $4000 if they wanna play hard ball. I have never seen any dealer do it to date. But they can.

I don't have a contract in front of me but I think its 5% on a standard MTA contract of sale.

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