Figured out, can delete, thanks

General Discussion
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Figured out, can delete, thanks

2

Not a car question
 this is a legal question that can only be answered after a good look at the contract you signed to buy the truck.

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Good advice above. Also suggest to obtain legal advice before deciding to lose the deposit & backing out of the contract. The contract’s language may obligate you to complete the transaction and pay for the vehicle, even if the truck is delivered behind schedule. . i.e. they might park the truck in front of your abode and demand payment. I expect your best bet is to just wait, phoning occasionally to ask the expected delivery date. Keep a record of every phone call, the data & time, and what was said.

For future vehicle purchases, suggest to only buy a vehicle you can see and test drive now. Make sure the contract is for that particular VIN. Covid supply-chain complications make purchasing something that isn’t currently available now at your location very risky.

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Just looked, 90 days to deliver then i get my deposit back, non refundable $500. beyond that is says nothing else.

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The age old question is what if the price went up?

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A common mistake is to spend more money to avoid losing money already spent than the money that would be lost - ‘good money after bad’. I read an article about people who spent more changing their airline ticket than the cost of abandoning it and getting a new one. So calculate the cost of starting a new transaction. It could save more than $500.

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I’ve written this before and even though it will not help the OP, it may help the next person. When the Salesperson promises you anything, you get it in writing, especially when they use the words, “Don’t’ worry
”

Every contract we sign, vehicle purchases, plumbing work, renovation/construction, electrical, repair, roof replacement, appliance purchases, etc
 we include a “Time is of the Essence Clause.”

That means the provider has only so long to provide the product or service or item or the contract goes null and void.

Back in the '80s, we hired a painter who really “milked” the one-week job out for over two-months. In the course of this, we consulted a lawyer who advised us of the “Time is of the Essence Clause” and we’ve used it many times since


Most recently where it proved necessary and beneficial was the purchase of my wife’s 2020 Honda Fit. The salesman had the exact model “on the truck” due within 7-days, an Silver EX with the alloy wheels with regular (not low profile) tires and some other stuff


2020 was also the last of the Fits coming to the US and the dealer only had a few models with other features and colors


The salesman was insistent the car would arrive easily in 7-days and the New Car Sales Manager backed him up. I asked him if he would put his money where his mouth is, and it was “What, what do you mean???”

I told him that we are also looking at a new Corolla and we know the choices are getting fewer every day
 And that we want to be able to cancel the contract after 14-days if the car is not ready for pick up. (We would give them an extra 7-days
)

Well they had put themselves out on that proverbial “limb” with those promises of “7-days” and they agreed.

On the contract, where it says, “all sales are final after 3-days
” we had them cross this out and the general manager initialed it.

And they added this short paragraph,

“Time is of the Essence, if the contents of this contract are not fulfilled with the delivery and acceptance of the 2020 Honda Fit EX, Vin XXXXXXXXXXXXXXXXX, by the buyers, within the two-week period, ending at midnight, 23 August 2020, this contract goes Null and Void. In that event, all monies deposited will be returned in full no later than 25 August 2020.”

Well, it’s August 22nd (a day early
) and the Fit is still not here, and we make an appointment with the sales man. He’s scared, he brings in the New Car Sales Manager and they are all apologetic and they what to know what they can do to make this right


in truth, my wife really wants this little car, but now we are in the driver’s seat


When I bought my 2019 Toyota Corolla, it was on the lot so there was little wiggle room, except we drove there is my wife’s '85 Toyota Corolla, a car that we bought from this dealer new, 38-years earlier
 and they know it
 I also wanted the Body Side molding, the Cargo Cover, the Splash Guards, and the All-weather High Wall Floor Mats, but I had to buy these items myself, they were not going to include this. The salesman politely showed me where the Part Department is located
 (L O L)

But we wanted those same items for the Fit and in the initial negotiations, they would not throw them in either. But now we had leverage, they could write us a check tomorrow or they could throw those items in and install them to ensure they were covered under the warranty
 We told them that while they discuss it, Yes or No, we would go for a cup of coffee and we would be in the waiting in the service department’s waiting room


They came back after a few minutes and agreed, but we were not done, they needed the “time clause” cancelled, but we said it can only be amended and we gave the 2-more weeks on an Addendum Agreement with the inclusion of the aforementioned items.

The car came in three-days later and after they installed the “bonus” items, we picked it up and “Esmeralda” (her '85 Corolla
) now has a “friend – Eugene” (the Honda Fit
), my wife names her stuff


As a final note, this “Time is of the Essence Clause” has proved helpful to ensure that the roofers got the roof done on time or suffer a $100 a day penalty, and it has kept other providers “honest and on-time
”

As the old (early '70s) Alka Seltzer advertisement went, “Try it, you’ll like it
”

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Heh heh. Contracted for a new house that was supposed to be three months. Sold our house and had to move into a rental. Builder didn’t start and didn’t start. Blamed the block layer. Nine months later finally done. Fought the budget all the way. Found out later the delay was the subs not getting paid. Rob bing to pay harry, but we didn’t get robbed. Bank says no one gets paid without a lien release. Bankers house was the next one and the guy blew through the whole budget before it was even closed in (same as dried in in the south). Banker was crying being on the end of a ponsi scheme. Last house the guy built and became building inspector instead with a steady income. I don’t know how many guys didn’t get paid but I ended up paying the guy doing the grading myself because it was the fair thing to do and wanted the work done.

Looking back though that clause would have just meant we’d have to pick someone else which would have been for a lot more money. He expected to bid low and then make it up on change orders. I knew enough about construction to avoid change orders and just made any changes myself. So if you dance with the devil and you know it, stay alert.

Talking to my air and furnace guy today and mentioned problems I had right from the start with the sub. Wouldn’t come out for warranty work and finally just yelled at me. Thinking back, I suspect he never got full payment.