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WA Car Purchase Contract - Dealer Now Says They Can't Sell to Me

Discussion in 'Australian Consumer Law Forum' started by Sujith Tomy, 16 March 2015.

  1. Sujith Tomy

    Sujith Tomy Member

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    I have signed "Contract to buy Motor Vehicle" with a dealer after negotiating the price and vehicle specifications for $32,500 and paid $1000 advance money, but now the car dealer says they cannot sell the vehicle to me and the dealer wants me to cancel the contract and sends my advance back.

    Since I already sold my existing vehicle and no car presently puts me in really bad situation. Since the signed car was 2014 with free rego and stamp duty and no other similar car not available with other dealers in Perth! Cancelling the contract and purchasing 2015 model would cost me additional $5,000 (approximate).

    I request your kind help and advice regarding my rights under Australian consumer law.

    Whether am I eligible to ask any compensation to my loss or alternatives to the dealer or enforce the contract?

    Does the "Sale contract letter" signed by both purchaser and Dealer Manager has any relevant legal value as it states?
     
  2. Tim W

    Tim W Lawyer

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    1. What reason did they give?

    2. Are you using finance arranged by the dealer?
     
  3. Sujith Tomy

    Sujith Tomy Member

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    Tim, Thanks for your message.

    1) They says the car was with another dealer and not getting to them from the dealer who has the car at present (and the fact is its the last 2014 built car available...else I would have bought from another dealer who have similar one in 2014 built).
    2) No, I have already got a finance pre-approval from third party and their pre-approval valid for 30 days.
     

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