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Old 12-07-2012, 07:36 AM   #1
stewl79
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New GTS Manual Available @ RRP (27th Dec - Perth)

Hi all,

I ordered a black manual GTS in early June, but ended up purchasing something else in September due to the delivery getting pushed back. The dealer wasn't keen to cancel the contract, so I've just kept it open for the past few months.

Anyway, the car arrives at port on 17th December and will be available for delivery on 27th December. Its a black GTS manual with no options.

I'm just looking to get my original deposit back from the dealer, so looking to sign across the contract @ rrp to somesone else. Best case, the dealer plays ball and lets a new purchaser simply take my place on the contract and returns my deposit. Worst case, I'd take delivery and then onsell to the buyer at the on road cost I'm paying ($40,075).

Please drop me a PM if you are interested.
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Old 12-07-2012, 07:47 AM   #2
yomchi1989
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Quote:
Originally Posted by stewl79 View Post
Hi all,

I ordered a black manual GTS in early June, but ended up purchasing something else in September due to the delivery getting pushed back. The dealer wasn't keen to cancel the contract, so I've just kept it open for the past few months.

Anyway, the car arrives at port on 17th December and will be available for delivery on 27th December. Its a black GTS manual with no options.

I'm just looking to get my original deposit back from the dealer, so looking to sign across the contract @ rrp to somesone else. Best case, the dealer plays ball and lets a new purchaser simply take my place on the contract and returns my deposit. Worst case, I'd take delivery and then onsell to the buyer at the on road cost I'm paying ($40,075).

Please drop me a PM if you are interested.
Hey man, you should take delivery and on sell and make profit... even if only a couple thousand dollars.
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Old 12-07-2012, 07:13 PM   #3
stewl79
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Originally Posted by yomchi1989 View Post
Hey man, you should take delivery and on sell and make profit... even if only a couple thousand dollars.
Yeah - Carsales.com and a markup is the fallback option, but I'm extremely busy @ work for the next couple of months and want to avoid the hassle.

Cheers
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Old 12-07-2012, 07:55 PM   #4
sierra
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Quote:
Originally Posted by stewl79 View Post
Hi all,
I ordered a black manual GTS in early June,
I'm just looking to get my original deposit back from the dealer,
Look at the back of the contract.
Clause 4.2
In the case of a new Vehicle, if a Delivery Date is not stated in this Contract, the Dealer will deliver the Vehicle within three (3) months of this Contract becoming binding on the parties.


Assuming they didn't put a delivery date of this Xmas your contract ended early September but you have chosen to keep it open verbally with the dealer.
Unless they wrote a clause that cancelled the above clause you can simply tell them to repay your deposit and tear it up.

http://www.commerce.wa.gov.au/consum..._terms_of.html

Last edited by sierra; 12-07-2012 at 08:12 PM.
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Old 12-08-2012, 03:54 AM   #5
stewl79
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Thanks - good advice. The contract is standard form with no delivery specified (that part reads "TBA)".

I'm going to have a chat with the dealer next Saturday along those lines. However, based on a past experience with trying to get a deposit returned when there was an issue with the contract, it can end up with a fair bit of running around if the dealer isn't prepared to be reasonable. With the amount of work I've got on at the moment, I'd prefer not to be spending my time bouncing between the dealer and Dpt of Fair Trading

Cheers
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Old 12-08-2012, 04:04 AM   #6
sierra
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Quote:
Originally Posted by stewl79 View Post
Thanks - good advice. The contract is standard form with no delivery specified (that part reads "TBA)".

I'm going to have a chat with the dealer next Saturday along those lines. However, based on a past experience with trying to get a deposit returned when there was an issue with the contract, it can end up with a fair bit of running around if the dealer isn't prepared to be reasonable. With the amount of work I've got on at the moment, I'd prefer not to be spending my time bouncing between the dealer and Dpt of Fair Trading

Cheers
You can ring them and get confirmation so that you can then tell the dealer they have confirmed the contract expired in September. Now you want your deposit back or you will ask them to act on your behalf.

Go straight to the dealer principal. They've had your money for 3 months under false pretences because they are obliged to understand the contract but have failed to explain it to you, to their advantage.
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