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27-07-2005, 11:21 PM | #1 | ||
Forum Director
Join Date: Dec 2004
Location: Central Coast NSW
Posts: 5,741
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This is perhaps one of THE most common mistakes people make when buying a car.
The dealer is entitled to charge a get out fee ONLY if they can prove you pulling out of the deal has cost them money, & they have to be able to prove this in a quantifiable manner(a somewhat hard thing to prove)& this is limited to the maximum $% value lost as written into the contract(typically 5-15%) This 'contract cancelation fee' is only legal in the contract to cover dealers from people that order a 'unique' vehicle then pull out, or order alterations to a vehicle that are not standard fitment(making it unique & more difficult to sell) then pullout (things like fit car alarm, tint windows, lpg conversion, disabled driver controls etc etc) This is a quite fair part of a contract in the event of buyer pulling out of the sale In order for the dealer to prove that your pulling out of the deal has cost them money they still need to have the vehicle in question at the time of the court hearing, in which time the vehicle is depreciating in value anyway. Did the dealer make 100% sure that you were aware of any of these 'penalty clauses' prior to you signing the agreement? Was the agreement signed in an enclosed office where you may have felt pressured or 'under duress' to sign whilst still on an intoxicating emotional high from having been sold on just how great this new car may be? A LOT of unscrupulous dealers resort to this sort of bullying tactics to bluff people out of their money that do NOT know their rights. Tis easy money for dealers & one of the tricks they use to be able to pass on a cheaper price to the next sucker that walks in to buy a car. A typical case of people forgetting(or NOT BOTHERING) to read the fine print & it possibly costing them a STACK of money. If people are silly enough to not read all the finer details, or fail to take steps to protect themselves from this sort of thing, more fool them. |
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