New Car Contract - Estimated Delivery Date Clause?

My mum purchased a new car 27/02/2021 with a $1,000 deposit.

She received an email on 24/03/2021 from the dealer with the following message: "I have looked in the Toyota system and it is still at Plan production. It states May (yet to be confirmed)".

She received another email on 01/04/2021 stating that due top COVID-19 there are delays in the manufacturing process.

The online portal for the manufacturers delivery information states pick up on 09/07/2021.

My mum is having second thoughts on the purchase and I have been reading through the contract, specifically this clause: "If the Dealer has not delivered the motor vehicle to the Purchaser within thirty (30) days of the estimated delivery date, the Purchaser may by notice in writing to the Dealer rescind this Contract."

Any way she can get out of this purchase? She does not mind losing the $1,000 deposit. It's not a big deal if she cannot get out of the contract as she likes the car however would like the option if she has it.

Thanks.

Comments

  • +7 votes

    If the car is in hot demand, they'll let her out of it

    Have been on the receiving end of a couple of these today and my head is fried 🙁

    What car did she get? Chr petrol or hybrid?

    •  

      It's a 2021 Toyota C-HR Koba.

      Must be popular as it's a Toyota and there is a wait time for production I suppose?

      •  

        Hybrid?

        •  

          Non-Hybrid.

          When you say you have been on the receiving end do you mean you work at a car dealership and you have had customers back out on new car purchase contracts?

          • +1 vote

            @Petronas: Yeah either back out or very grumpy about current wait times. Generally just very grumpy (as let's be honest, not like you can just get a good value used car right now)

            I think somethings happened with her order. We had march Chr hybrid orders go into June production. As in, order was in the system in march

            What colour did she order?

            •  

              @spackbace: Feverish red with red roof.

              Do you think she will be able to get out of it even at the last minute?

              What are the penalties she may be looking at?

              • +2 votes

                @Petronas: Just ask them

                Highly likely they'll just let her walk and they'll refund the deposit

                • +1 vote

                  @spackbace: spaceback is the authority when it comes to anything Toyota,

                  That said, the now estimated delivery date is 9 July 2021, which is only just over six weeks. She has waited this long, another six more may be OK? (I don't know her circumstances and need/want of a car).

            •  

              @spackbace: If you don't mind me asking what's the wait timeframe if I were to order a Corolla hybrid now in Melbourne (either ascent sport or sx).

              •  

                @jabso: I don't know Melbourne, but likely around 4-5 months

      •  

        I presume there's a wait time for production so they can make sure they've fixed the problem whereby the rear wheels can fall off…?
        Old recall now I know so I'm guessing that's done… I literally can't look at one of these cars without remembering that though! (Amazing how quirky recalls plague a model of car forever after)

  • +5 votes
    • +1 vote

      Ch-r for everyone!

    • +5 votes

      “Asking for myself mum aunt.”

    • -1 vote

      My mum*

      • +2 votes

        Did she marry her brother?

  • +2 votes

    Your contract should have a delivery date on it. If you're 30 days or more past it then you could exercise that clause and you'll receive the deposit back but as spackbace has said, the dealer will likely not care given it's been hard to get stock so the nice thing to do would just be to ask first before throwing the contract in their face.

    •  

      Yep will take the soft approach first.

      I just found a section where it says "Delivery ETA: 31/05/2021". This must be it I assume?

      I am still within the window then.

      •  

        I assume the delivery date given on the first contract would be the one that applies.
        If the dealer applies delivery extensions later on then they would be outside the contract you signed.

  • +2 votes

    Your mum can always agree to the extension on some condition like say a free service (not the free one at 1K) and if it is extended again then free mats etc. If the dealer says no then say you will not agree to any extension and as such if it's not delivered by the date in the first contract then as such they are breaking the contract and as such you mum wants here deposit back within 7 days.

  •  

    NGL,
    I'm not a fan of the car salesman holding all the chips. Gives the consumer zero leverage.