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Dealer increased sale price after sale. Need advise.

Discussion in 'General 4x4 Discussion' started by Leggator, Jul 9, 2018.

  1. Leggator

    Leggator Member

    Hi folks, so I bought a Hilux from my local Toyota last week. The deal was pretty good. Think could do better, but not the point.
    Anyway, 2 days after paying the deposit I got a call from the dealer saying, "Listen, we almost run out of stock, so can't give you the car in color you want. The next batch is going to be new stock and they are changing the specs next month, so it will be an extra $1000".
    Called Toyota headquarters to confirm the spec change - they refused to comment.
    I recon they realized they are doing enough sales this month, so decided they are better off losing my business than not making a good enough margin. Unless of course I agree to pay them a $1000. If that's true, that's a pure extortion.
    What is the best course of action in your opinion?
     
  2. dno67

    dno67 Well-Known Member

    If you signed for the sale amount, can't see how they can increase the
    price of a contract after ?
     
    LCV8VICTORIA likes this.
  3. Mick_Marsh

    Mick_Marsh Member

    Check out the fine print on the back of what you signed. I think you will find they have that covered.
    Years ago a friend bought a new car. Before delivery a group of her friends reviewed the contract she signed whils paraking in afternoon drinks and nibbles. It was an eye opener. They don't even have to supply the vehicle you ordered.
    It's a pity there are so mant tiny words on the back of that contract. It would take you days to type it up here.

    If you do find there is no clause that covers there arse, take it to small claims.
     
    Leggator likes this.
  4. Synchro

    Synchro Well-Known Member

    What is the statutory cooling off period? Check that and leave the contract if you can.
     
    LCV8VICTORIA likes this.
  5. Hoyks

    Hoyks Well-Known Member

    I don't know what state you are in and each state has slightly different contracts and vehicle sales laws.

    But, personally, I'd tell them to stick it. $1000 is a significant change to the terms of sale. The fact that they can't supply the vehicle you agreed to, even if it it is a newer build, should also be an out for you.
    If they sold stock they didn't have, then that's down to their poor planning and you shouldn't have to compensate them for it.

    Let them know in writing that you are going to withdraw from the contract as they have made an unacceptable variation to the terms. If they won't wear the $$, then go elsewhere. This sort of bait and switch bullshit shouldn't be rewarded by giving them your $$.

    Call your Dpt of Fair Trading (or equivalent) in your state and know your rights. http://consumerlaw.gov.au/business-and-the-acl/
     
  6. Swaggie

    Swaggie Moderator

    Just wondering if these new specs exceed 1k and are of benefit to you ?????.....

    Whats the difference.
     
  7. mac_man_luke

    mac_man_luke Well-Known Member

    We had a similar issue once with a car for mum but we did know it was a runout model. Couldnt get the colour they said they had after signing the contract. Managed to push them a little for price and included services etc but was about it. Was either pick another colour or pay the extra for the new model.
     
  8. itlldoo

    itlldoo Well-Known Member

    they already broke the contract buy upping the price for what you agreed, walk mate! don't get forced into something you dont want, spend 10s of thousands and don't even get the colour you like, tell them to shove it.
     
    Mr Rum, Leggator, richardlnsw and 2 others like this.
  9. callmejoe

    callmejoe Well-Known Member

    Toyota strike again.
    Your not the 1st and you wont be the last.
    They knew from the get go they couldn't for fill the order. But once signed they work on the assumption most people will "just" go with it. Its a sales tactics.
    Me, I'd walk as they dont deserve my $$ if they tried that on me.
    Plenty of other brands that'll be just as good or better in my option..
     
    Leggator, phs, cam04 and 2 others like this.
  10. Choook

    Choook Well-Known Member

    I think all contracts these days have mandatory 10 day cooling off period so, as stated above, if you are not comfortable with paying the extra then get your deposit back and look else where.

    Or, also as stated above, are the new specs worth the $$?

    Good luck with it all.
     
    Leggator likes this.
  11. Leggator

    Leggator Member

    Thanks everyone. I don't want to walk from the deal. The deal is good. I want to enforce it without paying extra $$. Any advise on this?
     
  12. Choook

    Choook Well-Known Member

    Maybe Fair Trading in your state or the MTA may have more information on your rights.
     
    Triton14, Leggator and Mick_Marsh like this.
  13. Leggator

    Leggator Member

    Thanks Choook! Gave them a call, they hooked me up with lawyers, who can even give me a free legal advise.
     
    dno67, Mick_Marsh and Choook like this.
  14. idiomatically

    idiomatically Member

    To truly stand your ground you need to always be willing to walk away from the deal, and that's okay because there is always a deal to be done maybe not with them but another deal will be out there and often it will be better as you will have learned from this one. You just have to take the emotion out of it.

    I would be going back to him and saying you haven't moved the goal posts they have, you have acted in good faith and now they need to. Their problems aren't your problems. Tell them you are willing to wait but you will not be paying any extra. Ask to talk to the dealer principal if you need to. $1000 bucks is not worth the bad blood and they will make it up on rebate anyway. They are just trying it on.
     
    Leggator and dno67 like this.
  15. Batts88

    Batts88 Well-Known Member

    Regardless of the fact you say you got a good deal I wouldn't use that as an excuse to not go ahead and cancel the sale they shouldn't be able to jack up the price. There are plenty of Toyota dealers out there that would be willing to take your business. You can also go directly to the manager but don't go through your salesman ask one of the secretaries can you speak to him then voice your complaint you may walk away with some extras.

    One of my work mates is looking at a new Hilux and can get a better deal with his trade-in from an inland town Emerald than he can get on the coast in Mackay so don't be afraid or use excuses not to go else where be firm with them and don't back down.

    Quite a few yrs ago my wife and I bought a forerunner we had a minor problem with the sales rep who lied about an extra that was offered into the deal and besides that our windscreen was cracked in the first week of ownership from a stone of a truck. We bypassed the sales rep talked to the manager about the sale rep and his broken promise and that was instantly rectified by the manager and he had the windscreen replaced for free even though it had nothing to do with the other issue. Sometimes salesmen think their gods and need to be bought back down to earth so their on the same level as their paying customers who keep them in their job.
     
    Mr Rum, Leggator and dno67 like this.
  16. Leggator

    Leggator Member

    Hah. Here's what all of us sign when we purchase a new vehicle (was told these T&Cs are pretty match the same everywhere):

    1. The Purchase Price of the motor vehicle is the amount shown as Total
    Amount Payableā€¯ in Section A.
    (a) The purchase price may be varied if before the delivery of the motor vehicle there
    is a change in the manufacturers recommended retail price, statutory charges or
    applicable taxes and duties. The Dealer shall give the Customer written notice of
    any variations in the purchase price. If the purchase price is varied due to an
    increase in the recommended retail price, the Customer may rescind this contract
    any time within three (3) days after receipt of the written notice of variation.


    The implication is: a) They can do whatever they want with the price even after the contract is signed. b) If you don't walk away within three days after receiving the written notice, the contract stands, meaning you are automatically liable to pay the new price.
    We have no rights basically.
     
  17. Leggator

    Leggator Member

    BTW, I called up Toyota Australia headquarters to confirm there's change of spec and price hike coming up.
    Can you guess what happened?
    That's right. They can not confirm or deny that this is happening.
    Instead of oversight they protect their dealers. One hand washes another.
     
  18. Leggator

    Leggator Member

    I swear I'd buy a Navarra if I knew I'd get a different treatment from the Nissans. But I probably won't.
     
  19. Albynsw

    Albynsw Well-Known Member

    You still have plenty of rights
    That clause only comes into play if the official recommended retail price is changed and then you have the option not to proceed with the deal
    Keep in mind the dealer wants to make a sale so are not going to use this frivolously
     
    Mr Rum and Leggator like this.
  20. Leggator

    Leggator Member

    They don't know what the difference is or they want me walk away from the deal so bad they don't bother telling me.
     

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