Urgernt Pls Help!

[Soya]

a mistake in a contract may constitute non-performance. hence, technically can be entitled to recourse tho not necessarily void (i.e contractual parties bounded to make good non-performance).

 

it's one thing to claim he was pressured into signing but another to prove so.

[Slee]

Sega16, never respray a brand new car ... not worth it for many reasons. I fel that you must insist on getting what you ordered. I would not even want them to do major 'reconstruction' of my interior for a brand new car.

 

I had the same incident (another brand).. offered me a blue instead of a red that I ordered. I said "no, just refund me my money". 2 weeks later, I got what I wanted.

 

Just hope like the others said, it's all in black and white and you have not signed to accept the car. But I believe in the sales invoice when you first sign and put downpayment, it shd come with model of car and colour etc ...

 

[Freezy]

my uni days in contract laws tell me there are 3 components:

 

1) offer - the seller has the 'invitation to treat', showroom cars (what you see is what you get), the buyer offer to buy at the stated price and agreements are made at this point of time (like freebies, car colour, interior finishes, etc)

2) consideration - the buyer makes deposits and the seller proceed to register and order the car

3) acceptance - the buyer take delivery of the good at the agreements made at the point of sale

 

for a contract between 2 parties to be legal binding

 

and also VERBAL contract between 2 parties in commercial dealings are legal binding (not necessary WRITTEN form), so get a witness (not related would be better) to prove your case

Edited December 2, 2005 by Freezy

[En0203]

not a lawyer, but think both of ur points are valid

[Toalson]

Think a better way out is compensation. Cos if u push the dealers desperate they can still respary n reassembled the interior parts. Then the QC of these how??...

 

Compensation is the ideal way imho.

[Rickster]

DO NOT accept it. As long as you refuse to accept it, there is a good chance for you. A similar incident happened to my renualt 5 months back.

 

SF said so many times that the car batch is manufactured in 2005, even up till the point that he still said its made in 2005 one day before delivery. And when the car came, the log card indicated its manufactured 2004... so refused to collect the car. Although the year of manufacture was never included in the agreement. In the end, the manager stepped in 2 days later and apologized for the mistake (recorded secretly using HP) and offered a compensation. So matter settled...got the vehicle @ a very good discount .

 

So demand to speak to the management and secretly record down the conversation. Try to lead the conversation so as to make them admit they are at fault or something along that line. The moment they admit that they had made the mistake, you have won. And that piece of evidence will be excpetionally useful in court.

Edited December 2, 2005 by Rickster

[Freezy]

but some mistakes are welcome... like if i ordered a basic model, but ended up they give a luxury model, or if i ordered a latio, but ended up with a cefiro? why these mistakes never take place?? but silly mistakes like car colour occurs? think about it

[Nissy]

Got my Latio today.

However the dealer make a fatal mistake of getting a totally different color and interior color!!!

 

Want to change he say very difficult as though impossible!

 

Though he reli try to salvage the situation, I still cant reali get over it.

he say since the car, engine no chasis no already under my name then bobian liao. Government cant allow them to deregister (i'm only a layman so would'nt noe if thats true)

 

He say only can book another model of my preference intrior color, sent to workshop and totally revamp / exchange that of the interior with mine existing color (including the dashboard)

 

Now what are my options?

Do I reali cant change the color?(both exterior and interior)

I no the seats can be dismantle but how about the das board?

Pls help!!! never expect first time get car kana this situation

Is it so difficult for them to replace the color (and obviously a new car) for me?

 

 

It's the dealers duty to get a new car for you, but they have to de-register the existing car first and get a new one for you, by doing that they will lose atleast 10K. IMHO, just ask for a compensation of $5K, I know the dealers earn about $6K gross profit (after salesman commission) for Latio and Sunny. If they offer any compensation above $3.5K then just accept it. Drive for 3 years then respray, which may cost about $1.2K to change whole color and the balance money you can spend for upgrading rims, insurance, road tax etc. DONT SIGN ANY FORM WITHOUT READING.

[Nissy]

Did you book in Tan Chong or those small dealers???

[W2K_83]

the color in the log can change... but gotta pay... so get them to pay lo... meaning u need to apply with LTA and get them to approve... from i rem its not cheap...

 

but that'll be the last resort if there's reli no way to change the car... first and foremost i wld want a brand new car that fits everythnig that i had wanted...

Edited December 2, 2005 by W2K_83

[Sega16]

Ya the documents indicate the silver model that I booked

[Sega16]

Me too cos i spoke to one JDM Honda Accord owner whom also tio the same problem too

 

Then how he got the probelm solved?

[Sega16]

Oh really, I didn't noe that thier gross profit is about $6k.

Ok if compensation is about $3.5k sounds ok,

Also Ididn't that able deregister the car (what they said is nearly impossible)

Exterior I can live with, but I have to tune myself to live with the interior (Beige) for 10 years!!!

 

Argg!! So fustrating What are the odds for such S_HI_T!!!

What do you reckon?

[Sega16]

DO NOT accept it. As long as you refuse to accept it, there is a good chance for you. A similar incident happened to my renualt 5 months back.

 

SF said so many times that the car batch is manufactured in 2005, even up till the point that he still said its made in 2005 one day before delivery. And when the car came, the log card indicated its manufactured 2004... so refused to collect the car. Although the year of manufacture was never included in the agreement. In the end, the manager stepped in 2 days later and apologized for the mistake (recorded secretly using HP) and offered a compensation. So matter settled...got the vehicle @ a very good discount .

 

So demand to speak to the management and secretly record down the conversation. Try to lead the conversation so as to make them admit they are at fault or something along that line. The moment they admit that they had made the mistake, you have won. And that piece of evidence will be excpetionally useful in court.

 

How much they compensate you if y dun mind telling? The dealer kind of hinted that it will probably be around $2k

[Lingling]

so have u signed the papers ?

that's more impt rite ?

[Sega16]

Think a better way out is compensation. Cos if u push the dealers desperate they can still respary n reassembled the interior parts. Then the QC of these how??...

 

Compensation is the ideal way imho.

 

But I heard the dashboard(my friend) is not like the cushions that easy to disassemble.

Moreover I reali feared that what if 2 or 3 years later dashboard got creaking problems.

Pardon my ignorance, is dashboard that easy to dismantle and put up?(Like its kind of reversible process without damaging to the parts)

[Sega16]

Only the indemity of the vehicle untill a model arrives with the interior that I want so that they can dismantle and swop with my existing car.

 

Darn they say its the best they can offer, and the respraying of the exterior is not inclusive!!!

[Lingling]

think u shld make noise and make them give u a brand new car..