need your advice on my deal

[lux_06]

gday all,

in the process of buying a new ssv ute, but have struck some problems so thought id post here to see what you gus think.

situation is i have a contract for basicly drive away 46k signed about 8 weeks ago, with a trade in value of 29k for my hilux, but we needed the hilux for a job untill a week or so ago, so they reseved the right to re-appriase my trade come the time to do the deal. and the new fugure is 24k due to the slowing market and less desireable diesels. thats a big big loss in a short time to cop. and in reality when i drive the new car out the door im gonna cop that all over again.... as im hardly buying an easily resaleble car with the current market trends.

new car is at the dealership ready, but you can now get drive away deals on the net for 45k before neg, as the market seems to have slowed.

so what would you do? tell the dealer to hold the car for a month and sell my hilux privately? or try and get thier trade in price up ? or something else?

cheers

adam

[6.2L.Club]

is the reserve of right by the dealer written on the contract? Surely you put a clause in saying the sale is subject to finance or the Mrs approval or something, you've always got to put in an opt out easy clause on your contract before you sign, ALWAYS!!

[zorro]

wait and buy a 2nd hand one with low klms, let someone else wear the depreciation.

diesel hilux not desireable...........whats the world coming to

Also, I'd be bringing up the not so desireable market for big capacity V8s and a better price from them might help you decide

[matthewfnorbert]

diesel hilux i would have thought are in demand..
i think they are squeezing you just because they can. you should be able to halve that value they quoted..

[mustanger]

I would be reading the fine print first, regarding cancelling the contract .
They are just testing the water. A lot of of buyers would just cop it but I wouldn`t.

They way I see it, is they may have an option to review your trade in but you should have an option to cancel the order on your new car.

How can they offer you one price and then a considerable amount less for your trade in ,in such a short time. They are probably just trying to capitalize on the situation.


I would be sticking to the original agreement or just walk away and get your deposit back.

If they want your business , they will come to the party, if they don`t try elsewhere....Cheers John

[sszute]

when i just brought my ute and signed the contract, then i backed out of the deal because it wasnt what they said and that it wasnt in the contract i signed so they didnt have to do it and where trying to make me take the car or take me to court, it got abit full on so i rang a lawyer i know and he said the contract can't stand in court

so i would tell then where to go or give you the deal you had

[lux_06]

yeah i can walk out on it no worries... thats not a problem, thing is tho i want to do the deal, just not at their latest offer on my trade. im a fleet toyota customer, moving to holden, so they know they will sell more then one car, and so i wouldnt have thought theyd try and take advantage of the situation, but maybe they are....

i think the diesel price is whats effected the desirablility, and im sure i can get a far better price privately, but that may take time.

ive gone back to them and said, if ive lsot 5k on my hilux in a few weeks your product has lost value considerably aswell, and we can do 24k for the trade, but need to negotiate and new drive away deal. or they can hold the car on their site untill i sell privatly.

[CLUBRED]

I hate how dealers do that. They had no intention on giving you $29k, sounds like they sold you on the trade. My Mrs boss was offered $14k on his mint '06 low km Accord Euro Luxury, half of what they're selling on car sales at the moment. Is it desperation?

[JJAX]

:flipoff: Get the original deal..nothing else! Yeah I agree the 29k was just to suck you in! Same thing happened to me, I walked away 2 weeks later found a better car & deal.

Give it to them!!

[HRT 8]

Tell them to jam thier deal up the proverbial.

I just bought a brand new SSV ute Nickel A6 with towbar for 42990 drove away. You can do far better than their 46990.

[macca33]

Tell them to jam thier deal up the proverbial.

I just bought a brand new SSV ute Nickel A6 with towbar for 42990 drove away. You can do far better than their 46990.
Yep, tell them to match the above drive-away deal, then give you a decent trade-in on your 'lux - they cannot have it all their own way.

I cannot believe that a mob trying to sell a V8 in the current fuel climate told you that a diesel work ute is undesirable......:weirdo:

Cheers and good luck,

Macca

[Boodles]

It is a known fact that the dealer can only keep new stock on the lot for a period of three months, before the are compelled to sell at a discounted rate! Should they not sell within this period, they lose the factory bonus component of the price they pay for the vehicle from the factory!!

Given the high price of fuel currently, I wouldn't imagine they are selling too many V8's at present and would be more inclined to do a great deal!

Try and sell your Hilux privately...... Tear up the contract at the Dealership and shop around to find a great deal!

[SS Enforcer]

Surely you would have to accept the reappraisal to make the contract legal. I can't see how a contract like that can be enforced unless you agree to the new valuation. Otherwise they could value your Hilux at $50 and you would still be compelled to follow it through. Can't see it being legal.

Look elsewhere mate if they won't honour the existing contract.

cheers

[ATOMICSS]

Tell them to jam thier deal up the proverbial.

I just bought a brand new SSV ute Nickel A6 with towbar for 42990 drove away. You can do far better than their 46990.

That's a brilliant deal, about 4.5k below RRP drive away, well done. Suggests Holden are having to work very very hard to sell V8's at the moment. How much cheaper can they possibly get?

[xploit]

Hopefully you have an opt-out clause.

Because if its signed and you've agreed and you tell them to stick it, they'l sue you for their loss i.e the price of the new car.

So one way or another its yours.

If thats the case best you can do is buy it at the price and flog it straight away and try to re-coupe your costs.

What kind of hilux is it with how many kms?...

Read your fine print, if you havnt got an opt out clause your screwed basically, but if there is tell the dealer the deals the deal if they dont want it youl walk.

Cheers.

[ATOMICSS]

Hopefully you have an opt-out clause.

Because if its signed and you've agreed and you tell them to stick it, they'l sue you for their loss i.e the price of the new car.



Cheers.

They cant be quite that harsh. Liquidated damages will be capped at 15% or something. Still, 7 odd grand is still nasty and best avoided.

[brentonsav]

surely you're not bound to their reapprasal for the reasons ss enforced said above.

tell them to jam it... diesel hilux's are selling like hot cakes at the minute.

gmh are doing very well on their v8 sales, but having to offset this with the poor amount of v6 sales. they are very keen to keep making up their numbers.

[xploit]

They cant be quite that harsh. Liquidated damages will be capped at 15% or something. Still, 7 odd grand is still nasty and best avoided.

Nope, we see it quite a bit at work with people who may sign a clause
*nothing to with our company* at a dealer, then the dealer does something they dont like, and they tell them to stick it and they will not be purchasing the car.

If theres no opt-out clause, ie : purchase order subject to obtaining finance
and the client cant get finance there is a way out and no further damages will ensue.

However, if they have signed an outright purchase order with no 'opt-out' clause, Dealers can and will sue you for loss of profit of the total amount of the vehicle;

You still end up with the vehicle its not a double-edged sword, but either way it still hurts.

Sorry if its not what you want to hear, but more than likely they will come after you.

With that said, there are ways around it that your accountant / adviser can sort out. Not things to discuss on an open forum however.

Hope it goes well for the parties involved, but in my personal opinion dont tell the dealer to cram it, if you've got no way out they will know about it. Even so they wont want to have to pay to chase your for damages, so come to a mid way point.

As for the Re-Apprasial i would be checking your paperwork. Doesnt sound very legitimate to me. In this case, if its not written in formal wording in your contract can / will be your way out if you have no other 'opt-out' clause as you can say the dealer broke their agreement.

Cheers.

[CSP]

This is what you do...

Walk into the dealer, :flipoff: and walk out. Tell him you'll get a shit load better deal elsewhere anyhow. Watch how quick they come chasing you.

[SS Enforcer]

As for the Re-Apprasial i would be checking your paperwork. Doesnt sound very legitimate to me. In this case, if its not written in formal wording in your contract can / will be your way out if you have no other 'opt-out' clause as you can say the dealer broke their agreement.

Cheers.

And as they Re appraised your trade in you should be able to re appraise their deal as well. Tell em you will accept their new price if they sell the ve to you for $40k.

There is no way you can be forced to complete a purchase contract where the final amount owing is not stated. I bet they are in violation of consumer protection legislation in this case.

cheers

[HRT 8]

And as they Re appraised your trade in you should be able to re appraise their deal as well. Tell em you will accept their new price if they sell the ve to you for $40k.

There is no way you can be forced to complete a purchase contract where the final amount owing is not stated. I bet they are in violation of consumer protection legislation in this case.

cheers

Spot on. NO way can the re-appraise a vehicle and force you to succumb to their "new" trade in price.

The talk of getting sued etc is just bullshit.

Bush lawyers at their best!!

[ATOMICSS]

No they probably wont sue you. Not worht the hassle.

However , in WA at least, if the purchaser breaches the contract the dealer can apply upto 15% of the value of the vehicle as pre- estimated liquidated damages, they'de probably just keep the deposit.

Unfortunately though, if the dealer breaches the contract (as I bet they'de do quite often) the purchaser's only remedy through the contract is the option to terminate the contract and demand any deposit back.

But if you go and talk to them reasonably, and keep your cool, you might be pleasantly surprised by the outcome.

[lux_06]

cheers guys, been good ot read all that.

my email back to them just stated if the market has slowed that bad then it effects what there selling just as much as what im trading so if i cop that value on my trade i need a new drive away price or im walkin out.

fine print on my contract says 'i acknowledge the conditions on the back here of ' but the back is blank!

they have been fantastic to deal with up to this, but i can see the deals being done on new utes are much cheaper then a few months ago, i made a mistake here and should have held off, but i was happy with the deal at the time.

will just await a reply from them now, im in the uk at the moment and just want to get home in 2 weeks time to a new car in driveway and not worry about the hassel anymore...

thanks again.

[Mad4Monaros]

cheers guys, been good ot read all that.

my email back to them just stated if the market has slowed that bad then it effects what there selling just as much as what im trading so if i cop that value on my trade i need a new drive away price or im walkin out.

fine print on my contract says 'i acknowledge the conditions on the back here of ' but the back is blank!

they have been fantastic to deal with up to this, but i can see the deals being done on new utes are much cheaper then a few months ago, i made a mistake here and should have held off, but i was happy with the deal at the time.

will just await a reply from them now, im in the uk at the moment and just want to get home in 2 weeks time to a new car in driveway and not worry about the hassel anymore...

thanks again.

Keep us updated mate, and good luck!

[MAPHSV]

I found a great way to get a better price. The dealers always wants the deal that day and doesn't want you to walk out the door. Say no to his first offer and walk out. He will ring you every couple of days and see how your going. Wait to they call and say sorry I am busy at another dealer at the moment and we are just going through what they have to offer and ask them to ring you back in a hour.

That works great....

Remember the idea is for the seller and the buyer to be happy.