AussieBimmer

Last week I made an offer for a car advertised as 05. This is on the net, and I haven't seen the car yet. During negotiations it turned out to be '04, however I seemed out with the fairies as I signed a 'purchase contract' which was faxed to me as 'offer in writing' ... being trusting I thought verbal words would be reliable, and thinking that this is an offer and not actual purchase ..... As I couldn't go to see the car I asked a friend close to that place to see it for me. He told me not to buy it (multple reasons, including that its an early 04). When I told the dealer about walking out, he claimed that I can't now as I have signed the purchase order and given him a deposit. As far as I am concerned he lied to me ( and advertised it as 05)about the year and also when I raised safety issues, he declined any problems there too. Now I am stuck with this dealership trying to get out and get my deposit back. I am so pissed off (with him as well as myself !!) that I may be ready to go to the court on this. He may be legally right that I signed a contract, but he basically misled me. Actually deceived me.
I might have to lose my deposit.

Gadgets

Sorry to hear that... but if you have the original, misleading ad where it was advertised as an '05 I think you can easily get out of it or at least fight out of it...

Good Luck

TexaZ3

I'm pretty sure that he will give you back your deposit and back out of the deal if you tell you going to sue him and have your lawyer give him a call. Not only he practices false advertising which null any agreement, but he could also be fined if that becomes a public knowledge, and even stripped of his dealer license. This is ridiculous! Fight for it, yo uare 100% right and any lawyer will back you up.

needforspeed

Are you in Australia?

In the UK there is some law against 'trading off' which prohibits business advertising something (or offering it) falsely.

I would first go into writing with a formal complaint then arrange to see the manager of the dealership.

Hopefully you have a copy of the advert - if so I would send them a copy and simply say that you are in the market for an 05 car, which is what you thought you were buying. However, the car they advertised as 05 has turned out to be something else and you consider that you have been misled.

I would just point out that they have 2 options:

1. Give you back your deposit and apologise (grovel in fact) and they might stand a chance of selling you the car you actually want - no harm done to either party.

2. Alternatively if they want to be stupid and hang onto your money - then you can call trading standards, the police, citizens advice, your lawyer, the local papers and your MP. You can sue them for their trouble and also stand outside the dealership in your spare time handing out leaflets to prospective customers explaining what they did to you.

Out of interest - does this purchase contract say it is an 04 or an 05 car if it says 05 if it does not describe the car accurately then it is almost certainly not binding.

Finally, you are only arguing over the deposit here - they can't make you go ahead and buy the car. I would make it clear to them right away that you have no intention of buying it.

Personally I would just sit myself down in his office, get comfortable and politely explain that I had no intention of leaving without my money and an apology.

Bimmer32

Woooo, backoff on the lawyer thing. What type of deposit did you give the dealership, personal check, cash, money order? If it's a check and has not been cashed, go immediately to the bank (or call them) and put a STOP on that check. Then tell the dealership they were misleading and walk away.

If they have your deposit, the dealership is BMW, and they refuse to return your deposit after talking (not screaming) to the highest authority at the dealership, then tell him you will call the local news stations to air a segment on a misleading used car dealership. Their reputation will be on the line. Follow through with your intentions.

LAST resort is to contact a lawyer, unless you have a lawyer friend that will do you a favor, lawyers are expensive and time consuming.

AussieBimmer

The dealer has told me that he is happy to keep my deposit and let me walk away. I want him to return my money too.
This is going to take some arm twisting I'm sure. There are multiple venues that can be chosen, starting from Consumer Affairs, Motor Vehicle Authority, Ombudsman etc.
But I have resolved today that I will get my money back, and make him pay for what he has done to me.
Thanks for your support beautiful people !

AC_S5

If the dealer have a false ad, the only thing you can do is have them refund your deposit and call off the deal, but you got to have solid prove that the ad does exist like a print out if you saw it on the web.

You can't make them pay for damage as seriously there's isn't any except cost incurred for transportation to the dealership which belongs in small cliam courts and even those are a waste of time and money.

If the dealer are willing to refund your deposit and call the deal off, I would be a happy lad and remember next time to see the thing you are about to buy in person before you actually buys it, you are not shopping for clothes online is a car we are talking about.

I always goes by the thinking that I am more worry about the supply of my money (like if I have the money) rather then the supply of the goods (nothing is too good of a deal to pass on).

amigo525

Did you answer the question? if you gave him check, just tell your bank to put a block on that check. But if you have prove that he lied about the ad, who know what else the law wil find that he is doing wrong.

I know it is too late, but how can you give deposit for something you did not touch or ride. I know sorry about putting gas in the fire.

bimmerturn

If it was on a credit card then jst call your card company and contest the charge and they will reverse it, you have a valid case. Best of luck in getting your money back, it is scarey out there on the Internet.

robcol

I don't mean to be devil's advocate, but did you read your contract before you signed it? Does the contract mention an '05 year car or an '04. My suspicion is that it probably does say '04 in which case you are wrong. The dealer should keep your deposit. If the contract you signed says '05 then I would point this out to the dealership and get your '05. Seems very cut and dry to me. Again sorry to play dealer's hand.