Dealer cancelling sale?
04-22-2018, 07:50 PM
#1
AutoX
Thread Starter
Join Date: Apr 2018
Posts: 13
Likes: 0
Received 0 Likes
on
0 Posts
Dealer cancelling sale?
Hello everyone,
So I went and put a $5k deposit on a CPO car along with signing a sales contract. The only stipulation in writing was that my spouse needed to view the vehicle the following morning and then we would complete a finance application. When we came round to the dealer the following day we were told the car I had signed a contract for was already promised to someone else earlier in the week and that he would be coming in later that day to make up his mind. So we left and were later notified he did indeed follow through with the purchase. They told me they would return my deposit and offer a discount on another car they had in stock. The other car has less options, more miles, and is not what I was looking for.
This is my first experience trying to purchase a Porsche also, and got the vibe that they gave me the run around. My SA originally said another buyer was interested but not able to make it in until the following week, that was why I put down a deposit and signed a contract the same day. I guess I’m just wondering what rights I have, if any, under OMVIC/ONTARIO law. Is this considered breach of contract on their end? There is no other comparable car in the province at this point so I feel like I am really screwed over. Advice, thoughts?
So I went and put a $5k deposit on a CPO car along with signing a sales contract. The only stipulation in writing was that my spouse needed to view the vehicle the following morning and then we would complete a finance application. When we came round to the dealer the following day we were told the car I had signed a contract for was already promised to someone else earlier in the week and that he would be coming in later that day to make up his mind. So we left and were later notified he did indeed follow through with the purchase. They told me they would return my deposit and offer a discount on another car they had in stock. The other car has less options, more miles, and is not what I was looking for.
This is my first experience trying to purchase a Porsche also, and got the vibe that they gave me the run around. My SA originally said another buyer was interested but not able to make it in until the following week, that was why I put down a deposit and signed a contract the same day. I guess I’m just wondering what rights I have, if any, under OMVIC/ONTARIO law. Is this considered breach of contract on their end? There is no other comparable car in the province at this point so I feel like I am really screwed over. Advice, thoughts?
04-22-2018, 08:08 PM
#2
Three Wheelin'
Does it matter? The car was sold to someone else. It's gone. It sucks. You could get lawyers and lawsuits involved but at the end of the day you still won't have that car. You'll just have a bigger head ache. I feel for you and it sucks but from a time and mental health perspective you should just move on. See if you can take them up on their offer of a discount or just move on.
04-22-2018, 08:38 PM
#3
Drifting
Did the other buyer put down a deposit? IMO, whoever puts the deposit down first gets first dips.
I wouldn't waste time and money going after them legally. Leave them a negative google review and continue your search.
I wouldn't waste time and money going after them legally. Leave them a negative google review and continue your search.
04-22-2018, 09:01 PM
#4
AutoX
Thread Starter
Join Date: Apr 2018
Posts: 13
Likes: 0
Received 0 Likes
on
0 Posts
Not saying I am going to take legal action, I just want to be equipped with knowledge for negotiating leverage. My ideal outcome would be getting allocation for a new car instead since nothing else comparable is available.
I’m doubtful the other buyer had a deposit down because when my SA was doing the paperwork he said that nothing was marked down and car was available. They have told me the mistake was that the other SA and buyer put the deposit down on the wrong car in their system - which has alarm bells ringing to me.
I’m doubtful the other buyer had a deposit down because when my SA was doing the paperwork he said that nothing was marked down and car was available. They have told me the mistake was that the other SA and buyer put the deposit down on the wrong car in their system - which has alarm bells ringing to me.
04-22-2018, 11:04 PM
#5
Rennlist Member
I am just thinking if it was you who has backed out of the deal for reasons that were not stipulated on the sales agreement, would the dealer be so kind to refund you the $5K deposit ? If I were you, I would certainly try to get some store credit from them in writing to make up of this BS AND I would NOT want to deal with the same salesperson from that dealership again. This incident shows he/she was totally incompetent or powerless to say the least.
edit: thinking about this some more, I think I blame the sales manager more than I blame the salesperson. It was the manager who made the call to cancel your sales agreement and allow the sale to proceed with the other customer.... totally unethical
/
edit: thinking about this some more, I think I blame the sales manager more than I blame the salesperson. It was the manager who made the call to cancel your sales agreement and allow the sale to proceed with the other customer.... totally unethical
/
Last edited by lowbee; 04-22-2018 at 11:25 PM.
04-23-2018, 12:00 AM
#6
Rennlist Member
first off which dealer?
second: you gave a deposit conditional on your wife giving approval to finance it? I have a guess where this deal would have gone had the car been available. This car had the build which you want and is hard to find. why not have a discussion with the wife before hand and get her approval before wasting everybody's time? and that way when a car comes up you can actually finance it.
Geez, the number of times I have heard that story and then the wife cancels the deal... Does she check with you everytime she buys a purse or shoes?
The more I think about it, they did you a favor that you didn't have to tell them your wife wouldn't let you finance the sports car. oh and let me further guess...it wasn't a 911 but an SUV.
Rant over.
second: you gave a deposit conditional on your wife giving approval to finance it? I have a guess where this deal would have gone had the car been available. This car had the build which you want and is hard to find. why not have a discussion with the wife before hand and get her approval before wasting everybody's time? and that way when a car comes up you can actually finance it.
Geez, the number of times I have heard that story and then the wife cancels the deal... Does she check with you everytime she buys a purse or shoes?
The more I think about it, they did you a favor that you didn't have to tell them your wife wouldn't let you finance the sports car. oh and let me further guess...it wasn't a 911 but an SUV.
Rant over.
04-23-2018, 12:28 AM
#7
Rennlist Member
first off which dealer?
second: you gave a deposit conditional on your wife giving approval to finance it? I have a guess where this deal would have gone had the car been available. This car had the build which you want and is hard to find. why not have a discussion with the wife before hand and get her approval before wasting everybody's time? and that way when a car comes up you can actually finance it.
Geez, the number of times I have heard that story and then the wife cancels the deal... Does she check with you everytime she buys a purse or shoes?
The more I think about it, they did you a favor that you didn't have to tell them your wife wouldn't let you finance the sports car. oh and let me further guess...it wasn't a 911 but an SUV.
Rant over.
second: you gave a deposit conditional on your wife giving approval to finance it? I have a guess where this deal would have gone had the car been available. This car had the build which you want and is hard to find. why not have a discussion with the wife before hand and get her approval before wasting everybody's time? and that way when a car comes up you can actually finance it.
Geez, the number of times I have heard that story and then the wife cancels the deal... Does she check with you everytime she buys a purse or shoes?
The more I think about it, they did you a favor that you didn't have to tell them your wife wouldn't let you finance the sports car. oh and let me further guess...it wasn't a 911 but an SUV.
Rant over.
Trending Topics
04-23-2018, 12:58 AM
#8
Drifting
why not have a discussion with the wife before hand and get her approval before wasting everybody's time? and that way when a car comes up you can actually finance it.
Geez, the number of times I have heard that story and then the wife cancels the deal... Does she check with you everytime she buys a purse or shoes?
The more I think about it, they did you a favor that you didn't have to tell them your wife wouldn't let you finance the sports car. oh and let me further guess...it wasn't a 911 but an SUV.
Rant over.
Geez, the number of times I have heard that story and then the wife cancels the deal... Does she check with you everytime she buys a purse or shoes?
The more I think about it, they did you a favor that you didn't have to tell them your wife wouldn't let you finance the sports car. oh and let me further guess...it wasn't a 911 but an SUV.
Rant over.
04-23-2018, 09:44 AM
#10
Drifting
Perhaps it's a
CASH vs FINANCE vs FIANCE issue.
Dealer would be most interested in cash.
Subject to spouse approval, and then financing approval?
Personally, I have had way too many, just have to go to the bank deals fall through.
CASH vs FINANCE vs FIANCE issue.
Dealer would be most interested in cash.
Subject to spouse approval, and then financing approval?
Personally, I have had way too many, just have to go to the bank deals fall through.
04-23-2018, 11:14 AM
#11
Drifting
04-23-2018, 11:18 AM
#12
Rennlist Member
04-23-2018, 12:21 PM
#14
Three Wheelin'
Join Date: Jun 2016
Location: Toronto, north of the lake.
Posts: 1,555
Received 202 Likes
on
131 Posts
This. There is no chance of getting a car delivered to someone else back (and why would you want to?). You will spin your wheels and get nothing but heartache.
04-23-2018, 12:59 PM
#15
Team Owner
Originally Posted by strathconaman
This. There is no chance of getting a car delivered to someone else back (and why would you want to?). You will spin your wheels and get nothing but heartache.