REVscene - Vancouver Automotive Forum

fetched · 05-28-2009, 02:22 PM

Hey guys,
I have a little legal dilemma here.

Basically i picked up my new car from Openroad Audi 2 days ago, it was a cash purchase so everything was set. I received the "Legal Binded" Purchase agreement of XXXXXX amount for my new car.

Today i get a call from the GM of the dealership telling me they forgot to add in the sport package. just to make it clear first, I HONESTLY did not know they missed it and told him i would go back to the dealership and pay it tomorrow.

From a legal perspective, do I even have to pay them anything besides acting in good faith? Since every legal contract/agreement was signed.
I want to know because Audi Canada had a 3000 dollar cash incentive for the month of May. Since i ordered the car in March where there wasn't any cash incentives, we discussed the deal on the term that if there is a cash incentive, he was going to honor it on top of the deal i got.

Turns out when i went to pick up the car, he told me that he can only give me 2000 of the 3000. I tried to talk back but he simply said if you don't want it( He told me two more people were in line for the manual), then we can give you back your 2000 dollar deposit after i waited 2 1/2 month without a car because i couldn't rent since i'm under 25( when i first ordered the car, they specifically told me it was non-refundable). Of course i accepted the deal and went along with everything.

I'm confused with all this, the same thing happened with my previous 335i purchase when they gave me an extra 1000 discount after EVERYTHING was signed. But I still gave them 500 back because that's what they wanted (knowing everything was signed and they didn't have any authority to demand money)

Sorry for the long read, but what do you guys think? What can I do with the stealership.

q0192837465 · 05-28-2009, 02:31 PM

Leagally, no. If you have paid the amount stated in the contract, then the contract is fulfilled. You are not legally responsible for their mistakes. But read over tha contact and see if there's a clause there somewhere that they can deny warranty or something if you don't make this adjusting payment.

As for the cash incentive, if you havent got it in black & white that he'll give u the 3000 discount, then there's no point in arguing cuz there's simply no proof. If it's in ink, then u can take it to court.

Bottomline is, you fulfilled ur end of the contract. You do not receive any new consideration (ie benefits) by making this adjusting payment for the sport package. Therefore, no contract has been made and you'r not required to pay them anything.

fetched · 05-28-2009, 02:40 PM

^
Yes, i only said the 3000 cash incentive because i believe morally they should of honored it fully. Just like the situation I am in right now, will i act in good faith even though they did not honor their words?

Adsdeman · 05-28-2009, 02:44 PM

Screw them they told you one thing and ment another, u can do the same here and not pay them!! Just a tip dont go there for a service they probs dont like u anymore.

wasabisashimi · 05-28-2009, 03:02 PM

they will pour water in your gas tank

fetched · 05-28-2009, 03:07 PM

Of course doing maintenance would be elsewhere. =D
More opinions on the matter would be greatly appreciated

SumAznGuy · 05-28-2009, 03:12 PM

Don't fall in love with the car. The economy is in the shits and the dealer will do anything to sell a car. Tell them to screw off or they can refund you your money in full and they can take the car back.

See what happens next. And the dealer cannot deny you warranty on the car since it is Audi Canada that has to honour it.

fetched · 05-28-2009, 03:21 PM

Giving my car back to them is not an option as I've waited 2 1/2 month for this car and I'm not giving it away that easily.
On top of the contract, it says THIS IS A LEGAL AND BINDING CONTRACT.

RE-Jo · 05-28-2009, 03:25 PM

Unless the sales is your personal friend, otherwise don't pay~
just imagine if it was the other way around (when you paid more than you should) would they give you the difference back?
Sorry if I sounded greedy, but had too many bad experience with the Stealership

Shun Izaki · 05-28-2009, 04:04 PM

Just contact Audi HQ and see if they'll help w/ the incentive.

Rich Sandor · 05-28-2009, 08:25 PM

Was the sport packaged installed at the dealership? I don't understand how they could miss something like that, it should be part of the MSRP/purchase price, unless it was installed afterwards.

Despite what the people above me here think, almost any contract can be nullified if it can be proven that there was not a "meeting of the minds" , in otherwords, if a contract was signed by both parties, but what actually transpired was not the actual intent of both parties, the contract can be nullified.

If the bank accidentally transfers 1 million into your bank account, that does not mean you are suddenly ENTITLED to 1 million dollars. If a dealership accidently fucks up on a bill of sale, that does not mean you are ENTITLED to reap the benefits of their mistake.

We are not talking about a free sundae at mcdonalds because they fucked up your order. we are talking about THOUSANDS of dollars.

If I tell a customer we will do this or that at $500 and then it winds up being $700 - I'll usually eat my mistake and we'll pay for it. But at $3000 - the customer is either going to be understanding and pay the difference, or they can leave the car and fuck off.

Rich Sandor · 05-28-2009, 08:42 PM

additionally, call another audi dealer and ask about incentives on incoming and/or factory orders.

For example, with Ford, if you ORDER a vehicle, you are entitle to EITHER the incentives at time of Factory Order / Sale, or the incentives at time of Delivery. (But not both) and these rules sometimes change. For example some models no longer have raincheckable incentives. I'm sure audi has similar rules, but you could check with another dealer OR audi Canada's main number, and get the TRUE skinny.

snowball · 05-28-2009, 09:05 PM

Don't go tomorrow to talk to them, call them, tell them you're going to consult your lawyer (even if you're not really going to) and tell them you'll get back to them.

fetched · 05-28-2009, 10:14 PM

Quote:

Originally Posted by Rich Sandor

additionally, call another audi dealer and ask about incentives on incoming and/or factory orders.

For example, with Ford, if you ORDER a vehicle, you are entitle to EITHER the incentives at time of Factory Order / Sale, or the incentives at time of Delivery. (But not both) and these rules sometimes change. For example some models no longer have raincheckable incentives. I'm sure audi has similar rules, but you could check with another dealer OR audi Canada's main number, and get the TRUE skinny.

I am fully aware of that, and I've done enough research to know that i was fully entitled to that 3000 factory rebate + the amount he deducted for my car when there wasn't any.
Thanks for your advice in the situation, I will probably call them tomorrow to see what options I have (telling them I'm going to consult a lawyer), another person suggested i should go check up UBC's law school's lawyer consultation, which is absolutely free.
Aiii this is so stressful, happened to me twice in merely half a year.

dark0821 · 05-29-2009, 08:30 AM

wow... but buying 2 new cars in half a year too xD..

bsftong · 05-29-2009, 08:59 AM

dealers I've dealt with are all scums. They'll do anything to make an extra penny. They'll probably threaten you that they'll take legal action if don't pay, which is just bullshit tactic.

orange7 · 05-29-2009, 09:16 AM

since you want the keep the car so badly, the dealership can do anything they want because they know you will accept it

dru · 05-29-2009, 10:51 AM

Didn't something like this happen before where the dealership ended up towing the car from the person's house and literally held it ransom until the owner paid the remaining amount?

Not sure what the outcome of that was but it sounds very similar to this. I could be mistaken though and be making the entire thing up.

Jingwu3 · 05-29-2009, 12:23 PM

I believe you dont have to pay. From a legal perspective you have already fullfilled your contract and there is no legal ground for them to demand anymore money from you. On top of that, morally they are still at fault because the saleperson basically lied to you and they failed to honour the incentives. So my advise is tell them the contract has been legal fullfilled, and you will not pay.

Rich Sandor · 05-29-2009, 01:07 PM

I think you should not take legal advice from revscene, as a lot of people offer opinions based on what they see on american tv shows.

Here is a great website which describes Canadian contract law in-depth.

http://www.duhaime.org/LegalResource...roduction.aspx

From the very first paragraph:

Quote:

Contract law, like so much of English-origin law, is sometimes described in lengthy legalese diatribe, from which it is no easy task to excise a short, succinct and plain-language description. Consider, for example, the following definition we came across for "contract" in the Canadian Encyclopedic Digest:

Quote:

"... an agreement free from vitiating factors such as mistake or misrepresentation and constituted by the unconditional acceptance of an outstanding offer involving a reasonably precise set of terms between two or more contractually competent parties who intend to create mutual and reciprocal rights and duties that may be the subject of judicial sanction if they are expressed in any required form, are free from the taint of illegality or immorality and are not subsequently discharged by law, by agreement, by breach or by sufficient supervening circumstances."

If there is a mistake or misrepresentation in the contract, it's legitmacy can be disputed.