can a new car purchase be canceled?

jack67

hi my sister ordered a 2012 car last saturday,she paid a 500euro deposit and signed a contract,she has now got cold feet and does not want to go ahead with purchase,can anyone tell me if she can cancel the order or can the car company force her to go ahead with it.i assume she will lose her deposit is this correct?

-Corkie-

She will lose her deposit as she has entered a contract with the garage.

Padraig Mor

Yes, but she will lose the deposit.

dilallio

Take a look at her copy of the contract and see what it says regarding cancellation.

I know it's a different scenario, but one of my friends payed a deposit and signed a contract to purchase a site in 2007 based on planning permission being granted. He applied for permission and received permission. In the meantime the value of the site dropped by a huge amount and he decided not to go ahead. He was willing to leave the deposit with the landowner, but the landowner took a case and he was forced to go ahead with the purchase.

It all depends on what is in the contract.

stimpson

If she's buying on credit she should have a 10 day cooling off period under the Irish Consumer Credit Act.

See http://www.citizensinformation.ie/en/consumer_affairs/motoring/advice_on_buying_a_new_car_in_ireland.html

As said above - read the contract and see if she has signed her rights away.

jack67

no she is not buying with credit,silly girl never even read the contract she signed.

Yakuza

dilallio wrote: »

Take a look at her copy of the contract and see what it says regarding cancellation.

I know it's a different scenario, but one of my friends payed a deposit and signed a contract to purchase a site in 2007 based on planning permission being granted. He applied for permission and received permission. In the meantime the value of the site dropped by a huge amount and he decided not to go ahead. He was willing to leave the deposit with the landowner, but the landowner took a case and he was forced to go ahead with the purchase.

It all depends on what is in the contract.

Buying a car isn't really comparable to buying land TBH.
The OP's sis will lose her deposit. She might be able to sweet talk the dealer into getting some of it back, but they're under no obligation to do so.

R.O.R

Might depend on how nice the dealer in, and what the car is.

If it's a special order with lots of extra's and a funny colour, forget about it. If it's a standard car in a saleable colour then the dealer might be nice.

R.O.R

.

mickdw

They will just keep deposit. If its a big selling car, the garage won't be upset. Hopefully she didn't order an s class Mercedes in pink

jack67

nah it was not a merc,it was a ford focus so basically judging from your replys,they wont hold her to the contract and just keep the 500euro deposit,well i will pass on the info lads tks,i think she will be relieved even though she will be down her deposit.

Bigcheeze

jack67 wrote: »

nah it was not a merc,it was a ford focus so basically judging from your replys,they wont hold her to the contract and just keep the 500euro deposit,well i will pass on the info lads tks,i think she will be relieved even though she will be down her deposit.

Given that it was only a few days ago, the dealer may refund some or all of the deposit if no costs have been incurred. It doesn't hurt to ask.

Voodoomelon

Whats the deposit like on more expensive cars I wonder? Would be a raw deal for a dealer to be up €500, yet stuck with a diarrhea coloured Range Rover.

mathepac

stimpson wrote: »

... As said above - read the contract and see if she has signed her rights away.

Any trader who presents a consumer with a contract to sign or who tries to enforce a contract that attempts to subvert a consumer's rights under Irish or EU law is breaking the law.

stimpson

mathepac wrote: »

Any trader who presents a consumer with a contract to sign or who tries to enforce a contract that attempts to subvert a consumer's rights under Irish or EU law is breaking the law.

Not according to the citizens rights page linked above:

After signing a credit agreement you have a ten-day cooling off period. Some garages may ask you to sign away this right but you should think carefully about this before you waive this right.

Guy:Incognito

mathepac wrote: »

Any trader who presents a consumer with a contract to sign or who tries to enforce a contract that attempts to subvert a consumer's rights under Irish or EU law is breaking the law.

Pretty much any credit agreement I've seen (I've worked in retail with credit agreements) have a waiver on the form that the customer can sign. Otheriwse the forms sit in a outbox waiting for 10 days to pass before the customer can get anything. Ordering somethign like a new car obviously has a lead time but generally customers are lookign to take items away that day.

I've never seen the waivers challenged.

R.O.R

Voodoomelon wrote: »

Whats the deposit like on more expensive cars I wonder? Would be a raw deal for a dealer to be up €500, yet stuck with a diarrhea coloured Range Rover.

I remember in a previous employer that we had to pay a deposit of around €3,000 on the white Impreza's that were ordered for a large bakery group. Dealer didn't want to be stuck with them at full price if the order was cancelled.

OP - if it's a Focus Style 1.6Tdci in a Black/Silver/Grey then I'd be very miffed if the dealer didn't refund the deposit - something like that will always sell from dealer stock, it's not like they are going to be stuck with it.

mathepac

OP said :

jack67 wrote: »

... she paid a 500euro deposit and signed a contract ...

jack67 wrote: »

no she is not buying with credit ...

Then I said :

mathepac wrote: »

Any trader who presents a consumer with a contract to sign or who tries to enforce a contract that attempts to subvert a consumer's rights under Irish or EU law is breaking the law.

then you said :

stimpson wrote: »

Not according to the citizens rights page linked above:

providing a link which has no connection with OP's sister's circumstances
then you said:

Guy:Incognito wrote: »

Pretty much any credit agreement I've seen (I've worked in retail with credit agreements) have a waiver on the form that the customer can sign. Otheriwse the forms sit in a outbox waiting for 10 days to pass before the customer can get anything. Ordering somethign like a new car obviously has a lead time but generally customers are lookign to take items away that day.

I've never seen the waivers challenged.

which again has no connection or relationship with OP's sister's circumstances

and I still maintain:

"Any trader who presents a consumer with a contract to sign or who tries to enforce a contract that attempts to subvert a consumer's rights under Irish or EU law is breaking the law." never mentioning credit agreements as they are not relevant here according to OP.

stimpson

mathepac wrote: »

and I still maintain:

"Any trader who presents a consumer with a contract to sign or who tries to enforce a contract that attempts to subvert a consumer's rights under Irish or EU law is breaking the law." never mentioning credit agreements as they are not relevant here according to OP.

OK - you win the internets.

Happy now?

mathepac

stimpson wrote: »

... Happy now?

Happier, now that we are all on the same page. Geddit, contract / internet, page?

M cebee

mathepac wrote: »

stimpson wrote: »

... As said above - read the contract and see if she has signed her rights away.

Any trader who presents a consumer with a contract to sign or who tries to enforce a contract that attempts to subvert a consumer's rights under Irish or EU law is breaking the law.

but they do it -or used to anyway

I couldnt get out the door with a flatscreen a few years back until I waived the cooling off period

if it wasnt on hp i may not have signed

Guy:Incognito

M cebee wrote: »

but they do it -or used to anyway

I couldnt get out the door with a flatscreen a few years back until I waived the cooling off period

if it wasnt on hp i may not have signed

If you werent getting finance there wouldnt be a waiver to sign.

coylemj

If it's a relatively standard model and coming from the distributor's stock then the garage will be at no loss and may refund the dosh. If it has a mix of extras that might be hard to shift then they certainly will be in no mood to refund the deposit.

OP, was the sister persuaded to go for a particular bundle (combination of colour and specs.) because the dealer said he could get fast delivery - or did she list off the specs. she wanted and the dealer said there would be a lead time of xx weeks?

If the dealer said he could get delivery in a week or two then it's coming from the distributor stock and cancelling it wil be no big deal - unless the dealer chooses to make it a big deal cause he wants to keep the money.

mathepac

M cebee wrote: »

but they do it -or used to anyway

I couldnt get out the door with a flatscreen a few years back until I waived the cooling off period

if it wasnt on hp i may not have signed

But there is no HP or credit agreement here so why introduce it. The girl paid a deposit and signed a contract, something like the standard SIMI order form that covers new cars, trade-ins or sometimes second-hand yokes. There was no finance agreement from what OP posted. A different kettle of fish entirely.

onedaysoon

Go in to the dealer,explain situation and you will know pretty soon..depending on the dealer I'd say she will get her money back

Drummerboy08

Is the car in stock somewhere or is it a fresh order and needs to be built from factory?

If it's in stock, the dealer is well within their rights to hold onto the deposit, but if it's a factory order chances are it hasn't even hit the production line yet so there is a good chance of getting the deposit back.

jack67

thanks lads,the sister is going to the dealer in the morning,will let yous know how she gets on.

jack67

just a quick update,
after a week of 2 trips to the dealer and several phone calls,my sister was finally told ,she would be getting none of her deposit back.she had ordered a few extras with car,and they said it had already gone into production.shes very disappointed 500 euro down the drain,but a big lesson learned.thanks for all the feedback.

mickdw

hard to blame them really.

JoeA3

A little unlucky...

in my experience, sometimes the dealer doesn't even get around to entering the car into the system for a couple of days after you order. Even then, it may take another couple of days for the manufacturer factory to acknowledge / accept the order.

jack67

well deposit was put down on car on a saturday,and was canceled 6 days later,dealer claims it was already on production line seems very quick to me but,i suppose it makes no difference,my sister aint getting her deposit back.

R.O.R

There is usually a timeframe between order and the order getting "locked down" in the system. If changes are made before lock down it could either be cancelled or amended to a standard specification that the dealer can take in to stock.

Sounds like either the dealer is being a little less than honest (not totally unheard of), or it was just bad timing and they managed to get a fairly quick build slot so the order was locked down shortly after the order was placed.

jack67

lads just to let you all know,my sister didnt give up chasing for her deposit back,she emailed the companys MD,and got a reply from his personal assistant,promising to look into it,she heard nothing for two weeks,and out of the blue she got a cheque in the post for the deposit the full 500euro ,no other info in letter and no email ,strange or what?anyway shes delighted with the outcome.:D

Mr Benevolent

jack67 wrote: »

lads just to let you all know,my sister didnt give up chasing for her deposit back,she emailed the companys MD,and got a reply from his personal assistant,promising to look into it,she heard nothing for two weeks,and out of the blue she got a cheque in the post for the deposit the full 500euro ,no other info in letter and no email ,strange or what?anyway shes delighted with the outcome.:D

Fair play to her.

Anan1

Confab wrote: »

Fair play to her.

Fair play to the MD of the garage.;)

Jimdagym

Anan1 wrote: »

Fair play to the MD of the garage.;)

Yup, garage should be named (if it hasnt already, I haven't re-read the thread). Op would probably be telling people to avoid the garage if the deposit didn't come back. It has to work both ways.

Marcusm

Jimdagym wrote: »

Yup, garage should be named (if it hasnt already, I haven't re-read the thread). Op would probably be telling people to avoid the garage if the deposit didn't come back. It has to work both ways.

What is both ways? The garage might not welcome publicity of it giving up EUR500 to a customer for fear of encouraging others to try their hand.

Jimdagym

Marcusm wrote: »

What is both ways? The garage might not welcome publicity of it giving up EUR500 to a customer for fear of encouraging others to try their hand.

Try their hand at what? Booking a car then cancelling?

Voodoomelon

She wasn't entitled to a refund, so fair play for getting it back. Wonder why they decided to do it.