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      12-31-2013, 09:21 PM   #1
dorkbydesign
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Dealer sold car I put a deposit on.

Hey guys, this is a really long story about how a dealer sold a car I put a deposit on. Make a cup of tea and sit down for a good read.

The dealer in question is Steve Clark Automotive on Parramatta Road.

I had visited Steve on Friday 27 December in order to look at a 2009 BMW 323i. We had agreed on $30,500 and I had left $500 deposit. I informed him that I required finance and he put me in touch with his finance contact. After talking to this finance contact on Friday, we were informed that we needed a full insurance policy for the car. The loan was to be taken out in a learner's name and therefore the insurance was going to be substantial.

We then went to ANZ and looked at their finance policy and they accepted the umbrella cover for the learner. On Sunday, I was in contact with Steve's finance contact, Mark O'Keefe and I had informed him that due to the terms of his finance I would no longer require his assistance. On Monday, I contacted Steve to inform him that we had applied for ANZ's Secured Car Loan, he informed me that someone else was interested in the car and that I should contact him on Tuesday morning to tell him the outcome of the application.

We were approved for the loan and on Tuesday morning I called him at 9:04am. He did not answer the phone so I called him again multiple times throughout the day, left a voicemail, email and sent text messages. Once my phone ran out of battery I called him once with my girlfriend's phone at 4:32pm to which he did not answer again. However, he did call her back at 7:31pm (which we missed). We called him back using my girlfriend's phone at which point he told me that he had already sold the car while I had a deposit on it and also while the bank has approved a loan on it and is transferring the funds as we speak (it is taking a little while longer because of New Year's Day).

So guys, what advice do you have for me?

I have the receipt from the deposit if that's any help.

Thanks,
dorky.
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      12-31-2013, 10:19 PM   #2
jjjjajy
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Hey dude, happy new year. Sorry to hear, that kinda sucks.
Check out the fair trading website for more info or try get in touch with them to see what you can do. They'll give some advice or point you to the right area.

http://www.fairtrading.nsw.gov.au/ft...ct_and_deposit
http://www.fairtrading.nsw.gov.au/ft...ontracts.page?
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      01-01-2014, 12:11 AM   #3
bimmerla
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Even if a contract of sale was signed, I don't know what much you could do, probably not worth the cost to chase it up through the courts, solicitor fees etc..., I'd be happy to get my deposit back and move and not deal with them again.

I think the dealer knew this, and that they just had the opportunity to sell they sold it.

At least you know now you have an approval for 30k to buy a car, I think your bank with give you ~30 days until it expires, I'd be concerned if you don't use it it could be bad for your credit rating if you apply for another approval.
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      01-01-2014, 12:41 AM   #4
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Quote:
Originally Posted by dorkbydesign View Post
Hey guys, this is a really long story about how a dealer sold a car I put a deposit on. Make a cup of tea and sit down for a good read.

The dealer in question is Steve Clark Automotive on Parramatta Road.

I had visited Steve on Friday 27 December in order to look at a 2009 BMW 323i. We had agreed on $30,500 and I had left $500 deposit. I informed him that I required finance and he put me in touch with his finance contact. After talking to this finance contact on Friday, we were informed that we needed a full insurance policy for the car. The loan was to be taken out in a learner's name and therefore the insurance was going to be substantial.

We then went to ANZ and looked at their finance policy and they accepted the umbrella cover for the learner. On Sunday, I was in contact with Steve's finance contact, Mark O'Keefe and I had informed him that due to the terms of his finance I would no longer require his assistance. On Monday, I contacted Steve to inform him that we had applied for ANZ's Secured Car Loan, he informed me that someone else was interested in the car and that I should contact him on Tuesday morning to tell him the outcome of the application.

We were approved for the loan and on Tuesday morning I called him at 9:04am. He did not answer the phone so I called him again multiple times throughout the day, left a voicemail, email and sent text messages. Once my phone ran out of battery I called him once with my girlfriend's phone at 4:32pm to which he did not answer again. However, he did call her back at 7:31pm (which we missed). We called him back using my girlfriend's phone at which point he told me that he had already sold the car while I had a deposit on it and also while the bank has approved a loan on it and is transferring the funds as we speak (it is taking a little while longer because of New Year's Day).

So guys, what advice do you have for me?

I have the receipt from the deposit if that's any help.

Thanks,
dorky.
Hi from the UK, sorry to here about that shite of a scumbag dealer.

I bet you he'll return your deposit, gutless wimps usually do.

He probably won't even be able to look you in the eye.

Keep us informed what happens, I'm sure everything will work out for you, and I'm sure another car with the same spec will turn up soon.
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      01-01-2014, 01:12 AM   #5
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Pay in cash next time
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      01-01-2014, 02:32 AM   #6
Kevlemanblue
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Unlucky mate, just grab your refund back and move on! Hopefully there are better options for you around, keep looking!

If you haven't seen this AD> http://www.carsales.com.au/private/d.../?Cr=0&sdmvc=1


I think it's really nicely priced. Edit: I paid 27K for my 320i with 60K's. Wish this was available at the time!
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      01-01-2014, 03:31 AM   #7
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Do a shit in his office mate under his workdesk.
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      01-03-2014, 11:00 PM   #8
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You make no mention of a SIGNED CONTRACT?
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      01-04-2014, 12:51 AM   #9
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      01-04-2014, 03:06 AM   #10
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Quote:
Originally Posted by QLD View Post
You make no mention of a SIGNED CONTRACT?
+1 if you just have a receipt for a deposit of $500 with no further information of which vehicle it was for, and the terms etc of him holding the car for you.. then there's pretty much nothing you can do unfortunately. IMO.
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      01-04-2014, 04:14 AM   #11
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Quote:
Originally Posted by woosh View Post
+1 if you just have a receipt for a deposit of $500 .. then there's pretty much nothing you can do unfortunately.
100% correct.

On the positive side, this has been a valuable lesson learned for next time.
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      01-04-2014, 09:12 PM   #12
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Just proves how unprofessional, unethical these dealers are.
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      01-05-2014, 03:59 PM   #13
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happened to me before at a VW dealership.

Unfortunately not much can be done in the real world :/
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      01-15-2014, 04:41 AM   #14
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Originally Posted by bornadog335i View Post
Just proves how unprofessional, unethical these dealers are.
Have you read the post about Big Motoring World (uk)? They make other dealers look tame in comparison!
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      01-20-2014, 02:46 AM   #15
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Quote:
Originally Posted by QLD View Post
You make no mention of a SIGNED CONTRACT?
can't get a secure loan without that though.
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