Trouble buying a vehicle

HISPL · August 11, 2016

Hi folks,

I signed a contract of sale for a vehicle on 8/6/16 (6/8/16 in Australian date format) and it was signed as accepted by the dealer's agent (used car manager signing on behalf of the dealer principal) for the price of $55,300.

The contract was subject to me obtaining suitable finance, providing a copy of the independent vehicle inspection report and obtaining my wife's approval. (It does not state on the contract that the dealer would have the right to reply to the vehicle inspection report)

The used car manager allowed me to take the vehicle as a "loan car" (I was arranging finance on the 8/8/16) and I signed the paperwork to take it as a loan vehicle, leaving our trade in vehicle in lieu of a deposit.

Later that evening the dealer called me and explained that he had made a mistake on the contract, when he called I told him that I would prefer to discuss this in person and left the conversation at that.

On the 8/8/16 I arranged the finance, took the vehicle for an independent mechanical inspection and then visited the dealership to pick up the vehicle.

As we sat down in the used car manager's office he produced a second contract with a price that was $10,000. More than what we had originally agreed upon.

I explained to the dealer that I would not be paying any more than the amount originally agreed upon.

The meeting with the used car manager then changed tone, he became quite agitated, demanded that if we weren't going to sign the second contract that he would take us to court and then when I got my solicitor on the phone he agreed to honour the original contract.

The following day on the 8/9/16 (9/8/16 Australian date format) I received an email from the used car manager claiming that before we would be able to take delivery of the vehicle that any repairs suggested as being required by the mechanical report be undertaken at my expense.

That same day I contacted the Department of Commerce (Consumer Protection) and enquired as to how to further handle this situation, the advice received was that the statutory 90 day warranty (enforced by state law) would cover the repairs being disputed by the dealer, the stautory warranty is covered at the dealership's expense.

I responded to the email sent by the used car manager stating that 1) we had met all conditions of the contract as purchaser 2) that the repairs in question should be covered by the statutory warranty and that these expenses are to be covered by the dealership.

On the next day 8/10/16 (10/8/16 Australian date format) I received an email from the dealer principal (owner of the dealership) stating that he was "cancelling the contract" due to the dispute with the cost of repairs and that the vehicle was being withdrawn from sale.

In my response to this email I stated that 1) That I disagree with the reference to the special condition (mechanical inspection) and that it was not open to the dealer principal to "cancel the contract" 2) That I as purchaser have satisfied all of the conditions of the contract including the delivery of the trade in vehicle. 3) that the used car manager said that he would honour the contract. 4) that I would make an official complaint to the Department of Commerce (Consumer Protection)

I have now filed an official complaint with the Department of Commerce (Consumer Protection) and need to wait 10 working days for an outcome, if this avenue does not work then I will be forced to take this to a Magistrate's court.

I would love some feedback on this matter, obviously from where I stand I feel that I have a strong case.

Thanks in advance!

Adam