Bought floor stock Prado on the weekend but dealer says it's now sold - what to do?

[samester Lurker Find all posts View Profile Close samester]

Hi guys,

I took a look at a floor stock prado on the weekend, signed the contract and was told it would take a few days to fit out with options.

I receive a call from the dealer today telling me the car is sold and that it may take a week or two to get another (assuming they can get one).

"Apparently" their allocation system mightn't have updated with the fact that it was sold but i don't believe the story. Is this a common ploy to get a deal done and force the hand of a consumer?

Surely their IT sysytems are foolproof, could they have received a better offer on the floor model perhaps?

Not impressed and not sure what rights I have - I signed the contract under the impression it was the vehicle I'd seen, it was a good deal and I want the vehicle.

Any advice is most appreciated.

Thanks.

[D4D Addicted PP Member Find all posts View Profile Close D4D]

Rip up the contract in front of the sales guy and walk away, it should have a cooling off period. Then crunch the dealer on the price and sign a new deal.

[Ages Senior Member Find all posts View Profile Close Ages]

Surely the contract would have vehicle specifics on it like VIN and rego. if all those details change it shouldn't it be void??

[Matty80 Avid PP Poster! Find all posts View Profile Close Matty80]

samester, any update on what D4D or Ages have mentioned?

[Guest Close Guest]

Ask to speak to the dealer principal on e matter and see what they are going to do for yu now..
Perhaps extended warranty, some options and a pick of new vehicle when it comes in..


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[wooley Avid PP Poster! Find all posts View Profile Close wooley]

Unless the contract had vehicle details: VIN, rego etc. then I think they can really do what you want.

I'd be going into the dealership and having a go though: try weasel a few more dollars of the price or threaten to walk away..

[switched Advanced Member Find all posts View Profile Close switched]

This happened to a friend recently, his "one week" turned into about 3 months. I'm fairly certain its a ploy to get you to sign with that dealer rather then some other who has stock.

[AJ120 Out of control poster! Find all posts View Profile Close AJ120]

The most important clause in any contract is not written in the contract, it is whether or not the other party is honest and above board.

I would say this dealer is playing you, so play them back. Speak to the head salesman and if you can't get any satisfaction then start to make noise, dealers don't like customers getting upset in the showroom whilst others are looking to purchase a new car, maybe mention consumer affairs or fair trading or your state equivelant. But most important of all, if they don't come to an arrangement that you are satisfied with just keep saying NO NO NO NO NO until your tounge bleeds.

Yes you have a contract but the dealer doesn't want to take you to court to make you honour it, and anyway if you spend your dollars elsewhere they can't get blood out of a stone.

Cheers Andrew

[photoprado Avid PP Poster! Find all posts View Profile Close photoprado]

I'd cancel it and start again. They're playing you for a fool.

If there is another dealer in your area, play hard and get a competitive quote. If there is no other dealer, go to one of the brokers.

Don't get angry, get even.

[samester Lurker Find all posts View Profile Close samester]

Sorry for the delay - was out at a work function and have just returned.

So I've looked at the contract and unfortunately it does not have the VIN on it so it appears that from their perspective, they just have to honour a vehicle as per the contract rather than the one they were clearly selling me on the floor. Clear deception on their part - lies, trickery, thievery.....obviously doing a great job at maintaining the fine reputation of car salesmen.

I have the contract so they're bound to honour it, if can get someone else to beat it then i'll call the fraudulent dealer to see what they'll do.

Note to self - if buying a car, ensure that VIN, rego etc is on the contract.

First time buying a new Toyota, shame to have had this poor experience; clearly misleading and deceptive conduct on the part of the dealer however which shouldn't be allowed to occur.

I picked they were playing me for a fool when I received the call (truthfully however a part of me was also in denial, i just want the damn car!) however I'm sure there are many others that receive this treatment and are unfortunately taken for a long ride - who actually regulates car dealers and would appreciate some feedback when all is said and done?

Appreciate all of your thoughts!

[brogers Advanced Member Find all posts View Profile Close brogers]

Office of Fair Trading, Queensland: (Im not sure what state you are in)

Buy a new car

If you buy a new car, ensure you:

• check the contract, total cost and warranty conditions
• be aware that there is no cooling-off period
• check the dates on the compliance and build plates
• negotiate the best deal that suits you
• pay a deposit
• conduct a pre-delivery check
• understand the trader´s policy for resolving disputes.

Contract

The contract of sale for the purchase of a motor vehicle is a legally binding document. Do not sign it until you are absolutely sure you want to buy the car.
Make sure there are no unfavourable clauses in the contract. For example, make sure it specifies a trade-in amount and a delivery date.
Add any specific requirements you may have, such as:

• "This contract is subject to the purchaser obtaining sufficient finance from (insert the name of your credit provider) to complete the purchase"
• "(Insert car details including colour and build date) is to be delivered by (insert date) otherwise the contract will be cancelled and deposit refunded".

You should never sign an incomplete contract, and always keep a copy of what you sign.

Total cost

The dealer must specify all mandatory costs you pay when purchasing a vehicle.
This should include the sum of:

• the actual price of the vehicle
• stamp duty
• dealer delivery charges
• any other levies or fees that must be paid before receiving the vehicle.

Make sure you are aware of the full cost of the vehicle, including add-on costs such as window tinting and rust proofing.
Warranty

Study the manufacturer's warranty carefully. Before the warranty expires, have a full mechanical inspection done by an independent and qualified mechanic, so any problems can be identified and corrected within the warranty period.
Cooling-off period

When you buy a new car, there is no cooling-off period. Make sure you are completely satisfied with the car and the terms of the contract before signing a contract.
A vehicle is considered a new car if it has never been licensed or registered. A demonstration car is not considered a new car.
Vehicle plate checks

Check the build plate for the car´s construction date. The compliance plate shows the date the car met certain Australian safety standards, making it legal to drive.
The compliance date will not necessarily be the same as the build date, especially on imported vehicles. Make sure the advertised year model of the car match its true age.
The build plate date is commonly used to value a car when you resell it. If you have bought a car based on its compliance date, rather than build date, its resale value could be significantly less than expected.
Negotiating

As you visit each dealer, ask them to give you a firm price in writing for the model you want. Get prices from as many dealers as possible. If you are going to trade-in your current car, ask for a firm price on your trade-in. Get any agreements in writing and have them signed by the manager.
Stick to your financial limit. If you can´t get the price you´re after, be prepared to walk away. It´s not the car for you if you can´t afford it.
Deposit

Dealers often ask for a deposit to prove you intend to buy the car. Pay only the minimum deposit the dealer will accept to reserve the car.
Before you hand over your cash, check that your deposit is refundable, and if so, under what circumstances. Get a receipt for every payment you make.
Pre-delivery check

Do your own pre-delivery check on the vehicle. Check that:

• there are no dents or chips in the paintwork
• there are no cuts or scratches on the interior
• all accessories or extras you ordered were included
• the year the car was actually built is correct.

http://www.fairtrading.qld.gov.au/buy-new-car.htm


If you are not in Queensland, you will have some other consumer body who may be able to assist?

[wastegate Member Find all posts View Profile Close wastegate]

Makes you wonder how some sales reps sleep at night! They likely have some clause in the standard contract to fall back on. If it looks and smells like a scam it probably is, ...... contract signed before June 30th, they get another sale on the books for the financial year plus honest Don gets his commission and wins salesperson of the year. Everyone's happy except the one that counts, you the customer!

Surely the contract includes any verbal representations that honest Don made to get you to sign e.g. the vehicle you were eyeballing in the showroom was the one you were getting and 'with options you'd have in a week'. Without being given an opportunity to renegotiate I'd be suggesting they ring every dealer in Australia to find the same 150 and that they have a week otherwise see what the Australian Competition & Consumer Commission has to say.

[Chivers580 Junior Member Find all posts View Profile Close Chivers580]

[LIST][*]"This contract is subject to the purchaser obtaining sufficient finance from (insert the name of your credit provider) to complete the purchase

I always put this in if I get finance ESPECIALLY your financiers name. So if there are ever any problems with the vehicle or dealership you can turn around and say sorry I can't get finance, they can't turn around and say that they will find you finance, because you have stated which bank you want to use.

I feel sorry for you for going through this but I would maybe go and see a lawyer and see where you stand, if not threaten to name and shame them, as previous people have said A Current Affairs. I am sure you are not the first person or the last to have a dodgy salesperson/dealership, you might find a few people with the same problem at this dealership.
Cheers

[KAKADAZ Avid PP Poster! Find all posts View Profile Close KAKADAZ]

After many years in the car game I have never seen a big name Yard fight a contract EVER...ring them tell them you bought floor stock and you want floor stock OR give them a date that YOU will go too for delivery of your new car if they can't commit tell them to rip up the deal or you will spread the word on their Lies and wrong doing-ings and go to the right parties Consumer affairs etc...

[Rob53 Lurker Find all posts View Profile Close Rob53]

I was a bit wary of having my order diverted to a walk in customer so I discussed it with the salesman and he included the condition that if delivery was not at the agreed time they would supply a loan car free. As it turns out using the web tracker the expected delivery date has blown out by 2 weeks.
When I was looking on the web I quoted dealers own stock numbers to them and was told every one of them had been sold even though they were listed as available stock, I found the same with another manufacturer. If you have to wait they should give you a better price or go elsewhere.