So close ... yet so far away.

doesntcount · 06-18-2009, 06:45 PM

I have a tale of woe for, who I hope will soon be, my fellow 370z'ers.

I recently put down a deposit on a Black Nissan 370z M6 (base, no sport or nav) with orange interior. The dealership told me they were getting it shipped from another dealership in Ontario, and that it would be here in less than 2 weeks.

The contract was drawn up with the price I agreed to (MSRP - $2k) plus a shipping cost of no more than $500. As well, the contract stipulated that the car could take no longer than 2 weeks to be delivered.

I was totally pumped for a whole day. But the following day, the dealership called me and told me that the only two black and orange 370s in all of canada had been sold before they could request them from those dealers.

This means that they are unable to satisfy the contract that we both signed. Do I have any recourse? My plan is to go in and ask them to locate a sport package with orange interior and give me that for the price that we agreed. It really is the only way to satisfy their end of the deal. Can i threaten them with any sort of legal action? Or is this contract a one-way thing: "if we get the car you must pay, but if we can't get the car, then nothing happens."

edeeZee · 06-18-2009, 07:05 PM

I'm not trying to play tort lawyer here but I am a former car salesman, but you mentioned that "The contract was drawn up..." Did you and the dealer sign anything? If so I think you got recourse; however, a deposit doesn't denote a real contract. Legally, from what I remember (because car dealerships make sure their asses are covered), as soon as you physically drive the car off the lot with the RS (registration of sale) sticker they put on the passenger side window, then you are legally obligated to the car i.e. you have to make payments or whatever, and the dealership has officially sold the car to you.

But if the dealership is backpeddling or whatevers, then just get your deposit back and go to another. They do this (hold onto to your deposit) because they want to anchor you as a customer.

Des · 06-18-2009, 08:43 PM

Did you deal with Justin at Waterloo Nissan? I was in Tuesday looking at the Black Auto with Sport package they have on the lot and I had asked Justin if he had sold any already...he mentioned who I think is probably you, 28 software developer?

Was your car supposed to come from Ottawa?

Bad luck bro

doesntcount · 06-18-2009, 11:13 PM

Creepy. Never has someone on "the intertubes" known so much about me

Ya, that was me for sure.

As for a contract, ya, we both signed it. It has the final price as well as the details of the car. So if tell them to give me the sport package for the price in the contract, what do I do when they say they can't do that?

edeeZee · 06-19-2009, 12:19 AM

Seriously, it sounds like you got nothing. Just get your deposit and go to another dealer. A 370 is an awesome car, but it's not going to get the same reception or processing as a $100K+ car.

When you visit a highend Euro dealership, they play it a lot more seriously. They're pulling your chain.

06-18-2009, 06:45 PM	#1 (permalink)
doesntcount Base Member Join Date: Jun 2009 Location: Waterloo Posts: 34 Drives: 09 370Z Bk M6 SP Nav Rep Power: 15	So close ... yet so far away. I have a tale of woe for, who I hope will soon be, my fellow 370z'ers. I recently put down a deposit on a Black Nissan 370z M6 (base, no sport or nav) with orange interior. The dealership told me they were getting it shipped from another dealership in Ontario, and that it would be here in less than 2 weeks. The contract was drawn up with the price I agreed to (MSRP - $2k) plus a shipping cost of no more than $500. As well, the contract stipulated that the car could take no longer than 2 weeks to be delivered. I was totally pumped for a whole day. But the following day, the dealership called me and told me that the only two black and orange 370s in all of canada had been sold before they could request them from those dealers. This means that they are unable to satisfy the contract that we both signed. Do I have any recourse? My plan is to go in and ask them to locate a sport package with orange interior and give me that for the price that we agreed. It really is the only way to satisfy their end of the deal. Can i threaten them with any sort of legal action? Or is this contract a one-way thing: "if we get the car you must pay, but if we can't get the car, then nothing happens."

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06-18-2009, 07:05 PM	#2 (permalink)
edeeZee Track Member Join Date: May 2009 Location: s. cali, los angeles Posts: 627 Drives: 09 370z plat 6 speed Rep Power: 265	I'm not trying to play tort lawyer here but I am a former car salesman, but you mentioned that "The contract was drawn up..." Did you and the dealer sign anything? If so I think you got recourse; however, a deposit doesn't denote a real contract. Legally, from what I remember (because car dealerships make sure their asses are covered), as soon as you physically drive the car off the lot with the RS (registration of sale) sticker they put on the passenger side window, then you are legally obligated to the car i.e. you have to make payments or whatever, and the dealership has officially sold the car to you. But if the dealership is backpeddling or whatevers, then just get your deposit back and go to another. They do this (hold onto to your deposit) because they want to anchor you as a customer.

06-18-2009, 08:43 PM	#3 (permalink)
Des Base Member Join Date: Jun 2009 Location: Waterloo Posts: 1 Drives: 05 Mazda3 Rep Power: 15	Did you deal with Justin at Waterloo Nissan? I was in Tuesday looking at the Black Auto with Sport package they have on the lot and I had asked Justin if he had sold any already...he mentioned who I think is probably you, 28 software developer? Was your car supposed to come from Ottawa? Bad luck bro

06-18-2009, 11:13 PM	#4 (permalink)
doesntcount Base Member Join Date: Jun 2009 Location: Waterloo Posts: 34 Drives: 09 370Z Bk M6 SP Nav Rep Power: 15	Creepy. Never has someone on "the intertubes" known so much about me Ya, that was me for sure. As for a contract, ya, we both signed it. It has the final price as well as the details of the car. So if tell them to give me the sport package for the price in the contract, what do I do when they say they can't do that?

06-19-2009, 12:19 AM	#5 (permalink)
edeeZee Track Member Join Date: May 2009 Location: s. cali, los angeles Posts: 627 Drives: 09 370z plat 6 speed Rep Power: 265	Seriously, it sounds like you got nothing. Just get your deposit and go to another dealer. A 370 is an awesome car, but it's not going to get the same reception or processing as a $100K+ car. When you visit a highend Euro dealership, they play it a lot more seriously. They're pulling your chain.