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  1. #11
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    You have a cooling off period. And I believe you can get your deposit back except for $100. They are legally allowed to keep $100.

  2. #12
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    Default Cancelling purchased of new (used) car

    Quote Originally Posted by Tamtam View Post
    You have a cooling off period. And I believe you can get your deposit back except for $100. They are legally allowed to keep $100.
    Even after a couple of weeks?

    Just read bigred's link. You have to cancel within the cooling off period.

    I think the OP is outside the cooling off period so has to now complete the contract.
    Last edited by Sonja; 26-01-2016 at 21:49.

  3. #13
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    Quote Originally Posted by Sonja View Post
    Even after a couple of weeks?

    Just read bigred's link. You have to cancel within the cooling off period.

    I think the OP is outside the cooling off period so has to now complete the contract.
    Oh.
    I've just bought a new used car and yeah. ..it was during the cooling off period.

  4. #14
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    unfortunately, amongst all the hype of getting a new car, the salesman managed to distract you enough, and unfortunately caused u to skip over the t's&c's of the sale contract...this is where it should have been noted that the purchase was subject to finance. unfortunately it wasnt noted and u signed on the dotted line for the car.

    u might get away with sweet talking the sales manager, but its highly unlikely...car yards and salesman are money hungry, heartless, thieving, ruthless 'professionals' hahaha (i can get away with saying this because my closest friend is one) if u shake their hand...i would advise making sure that u still have all of ur fingers in tact afterwards (they will try to take them as well)

    another way around it is to try and 'convince' them to tear up the contract because u now want a more expensive car in the yard...and make sure that this time it IS subject to finance, they may try to call ur bluff because they will know that finance was knocked back on the original contract, but ONLY IF u were using the car yards contracted finance company(s)...if that is the case, u can argue that u directly contacted the finance company and told them to cancel the application, because u wanted the 'bigger and better car' and were already in the process of re-applying

    if it was a privately organised finance through an outside lender, then it wont be as hard to convince them...good luck with it all!
    Last edited by turtl3; 27-01-2016 at 01:49.

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  6. #15
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    They can't force you to buy the car, but backing out will lose you the entirety of your deposit.

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    Quote Originally Posted by mmaf View Post
    They can't force you to buy the car, but backing out will lose you the entirety of your deposit.
    I'm curious. Why do you say that?

    As a lawyer in this thread I'm finding many of the replies, well, interesting.

    OP if it were me I would contact consumer affairs or legal aid if you are really worried and get someone to actually look at the contract for you. But I would also speak to the car yard ASAP as delaying it may only make it worse. You never know. They may be reasonable (crazy, I know).

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  9. #17
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    I accidentally bought a car once a few years ago. I had never actually bought my own car before so I didn't really have any idea what I was doing. The salesman was a snake and had me believe that I couldn't even apply for finance until I signed the contract.

    I walked away thinking that I still had a choice. Nope. I bought that car the day I signed. I'm really sorry OP but if your contract was anything like mine then you've just bought a new car.

  10. #18
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    OP I fear that they will try and keep your deposit considering you didn't have a clause regarding 'subject to finance' in the contract.

    Quite a few years ago I had to fight a dealer really hard to get my deposit back on a vehicle I had agreed to buy subject to finance. They even went behind my back and applied for finance on my behalf (without my permission) through their own finance company when I told them my bank had declined the loan!

    Good luck, I hope there's a positive outcome for you

  11. #19
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    Quote Originally Posted by turtl3 View Post
    unfortunately, amongst all the hype of getting a new car, the salesman managed to distract you enough, and unfortunately caused u to skip over the t's&c's of the sale contract..

    .....
    .....

    another way around it is to try and 'convince' them to tear up the contract because u now want a more expensive car in the yard...and make sure that this time it IS subject to finance, they may try to call ur bluff because they will know that finance was knocked back on the original contract, but ONLY IF u were using the car yards contracted finance company(s)...if that is the case, u can argue that u directly contacted the finance company and told them to cancel the application, because u wanted the 'bigger and better car' and were already in the process of re-applying
    !
    1. Unless the OP is underage then not reading the fine print isn't the salespersons fault.
    2. OP please don't follow this terrible advice - it will just mean everyone (car yard, lawyers, consumer affairs) won't want to touch you with a 10 foot pole when the lie is exposed.

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  13. #20
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    Have you been contacted by the car yard at all? If not, I find it odd that they have let it slide for a few weeks.

    At any rate you need to contact them and find out what can be done. I agree with others who have said that as you are outside the cooling off period you have infact purchased the car.


 

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