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…”