Consumer Rights?

There is no real reason to put a deposit down on an everyday, regular vehicle... Sure, on something that is rare, exotic or such.... but not on a common item.
 
Mina is correct on all points. Legally, the dealership has a signed contract with a deposit, and there is nothing to indicate the deposit was refundable. As for the OP being mislead, we have heard only one side to this point, (not saying he wasn't), but he can't prove he was mislead as it was all verbal, and nothing was written so it is a he said she said stalemate.

I feel for you OP, but you have learned a very valuable lesson. Sign nothing and give no money until all conditions are listed if as Mina says it is normal procedure for qualifying for a loan then ensure it CLEARLY states IN WRITING on the actual contract, that the deposit is 100% refundable if financing is not approved. If the next dealership won't accept those terms as set out by you, then walk away and go to a dealer who will.

Wouldn't a small claims court look at all conceivable outcomes though? 1. Dealership in the right...keeps $500 for essentially doing nothing 2. Customer misled into signing over $500 3. Miscommunication all round.

Even in case 1. the court would have to see if that's a normal practice....and I'm not sure it is, no matter how legal. So the three monetary outcomes are : 1. Tough... 2. Hand back some of the cash 3. Hand back all the cash. I'd say he had a shot in small claims because of the deceptive practices claim. Might be worth paying a bit to chat with a lawyer for half an hour though.
 
It was definitely a good, but expensive, educational lesson on contracts and signatures. Could potentially save me thousands in the future from A-holes. But issue isnt the $500 mainly, but rather the "difference" the dealer is telling tme I will have to pay if the bike isnt sold for the same price I agree'ed upon. BS? Dont know. Will have to see when the letter comes and go from there.
 
Better business bureau just emailed me and told me to contact law society if upper canada. They'll have a good word on the matter if anything.
 
Better business bureau just emailed me and told me to contact law society if upper canada. They'll have a good word on the matter if anything.
What about social media, do they have a facebook page? a twitter account etc. Be cautious with what you write
 
Thought about this some more and just a couple of comments...........
  • I don't know this dealer, but in this day of rampant social media it's hard to believe they started this process to deliberately screw you over. Why risk alienating a large number of potential buyers.
  • I don't think it's necessary to sign a sales order to initiate a credit review, but who knows who they are dealing with on the loan side of things.
  • When they told you the deposit was refundable is it possible they meant this in the context of the loan not being approved? When you told them you had just changed your mind and wanted your deposit back then at that point the approval issue was irrelevant (and so too their commitment to refund the deposit). I think it is at this time that they dug their heels in, maybe feeling that they were being screwed over, who knows.
  • And yes, you should have put a financing clause in there to protect yourself. But then, it never really came down to this approved/not approved issue as you just wanted your deposit back, so the clause would not have protected you. You choose to walk away from the deal and wanted your money back.
  • I think the bottom line here is to add a financing clause as required but, most important, to remember that the whole point of a deposit is to prevent someone from signing a legal commitment and then trying to cancel it.
 
Thinking out loud here but why not just buy the bike?

Sent from a Samsung Galaxy far, far away using Tapatalk
 
Thinking out loud here but why not just buy the bike?

Sent from a Samsung Galaxy far, far away using Tapatalk


Did you read the thread?

The OP had no intention to get that bike. The dealer tricked him to use this bike to see if hes "qualified" for a loan. I believe the OP actually felt for it. A straight up dealer would not do such BS tactics. If the buyer wants a bike, even if his chance of getting a loan is lower with that particular bike, write up an application for that bike....
 
Did you read the thread?

The OP had no intention to get that bike. The dealer tricked him to use this bike to see if hes "qualified" for a loan. I believe the OP actually felt for it. A straight up dealer would not do such BS tactics. If the buyer wants a bike, even if his chance of getting a loan is lower with that particular bike, write up an application for that bike....
I did. But I must have missed the part where the bill of sale was for a different bike.
Yeah, I'm not nearly as nice as you guys...somebody would have gotten beat like a red headed step child if they pulled that ish on me.

Sent from a Samsung Galaxy far, far away using Tapatalk
 
Thats right. I talked with the sales reps father; Tony over the phone before and over email and he knew of all my intentions of wanting the 2015 panigale R and nothing but that R. Thats a 40 grand bike. But his son told me after I told him I have a car loan still but its balance will be paid off soon since not much is left, he tells me a BS story of trying to apply for a lower limit first and go from there. If I wanted that 20grand 2012 1199s, I would have bought it regardless of how retarded the dealer is. But the point is, it was never the model I wanted nor will ever want. Why pay 20grand out the door on a 2012 1199s with no warranty and around 7k on engine or was it 13k (forgot) when you know the warranty is done so you are SOL when time comes on these ducati famous issues, and the first major service will be that much closer to be hit with. You could get a new 1299s with warranty for not much more from there on and its a billion x a better bike.
 
I would love to go there and just beat his *** down but I need to be mature and the "better man" here. Karma is a bi***. We all know that much. He will get whats coming one day from another buyer or seller, or possibly deal with the wrong person at the wrong time. These kinda things dont go uncounted for in life.

Not only that but that dealer will lose any future business on my end and anyone else I tell in my friends circle. They could have made alot more than $500 later on off me if they were nice to deal with like GP bikes for example. Oh well. :)
 
Last edited:
I did. But I must have missed the part where the bill of sale was for a different bike.
Yeah, I'm not nearly as nice as you guys...somebody would have gotten beat like a red headed step child if they pulled that ish on me.

Sent from a Samsung Galaxy far, far away using Tapatalk

Pardon me? What have you got against red headed step children? Is this dealer red headed or something?
 
Pardon me? What have you got against red headed step children? Is this dealer red headed or something?
25 year old story...I'll tell it to you over ice cream one day.

Sent from a Samsung Galaxy far, far away using Tapatalk
 
FWIW, their website shows that this dealership in particular is a UCDA member. That carries some teeth and obligations on their behalf. Have you approached it from that angle?

You might find this page insightful: http://www.ucda.ca/banners/banner1.aspx

If they don't participate or a proper result isn't reached they can be ejected from the UCDA program.
 
Last edited:
UCDA is like having a "site supporter" banner under your handle. It's nice to have but it doesn't really offer much.
 
UCDA is like having a "site supporter" banner under your handle. It's nice to have but it doesn't really offer much.
Wait a second...I get access to trash talk and more available pm space that never gets filled so membership does, in fact have it's privileges.

Sent from a Samsung Galaxy far, far away using Tapatalk
 
i will never understand buying a 40k bike on credit.... To me you either have that kind of money or you don't, so if you do you buy it cash as you can afford the finer things in life, if you don't then go buy a bike you can afford.

I could buy a ferrari on credit, am I going to? no freaking way.

None of this is my business but I am bringing it up as "the lesson to be learned" you are obviously emotionally buying and that is IMO the reason why you got yourself in trouble, a clear head would have got you out of that dealership in no time and with no cash deposit.
 
Just because you don't have the "cash" sitting in your bank to buy a new vehicle doesn't mean you can't afford it. With the crazy low interest rates why would wait years saving to buy something when you can just make payments and have it sooner.

Yes you can get in trouble by financing something that you cant afford the payments on. But if you can swing the payments why the hell not...life is short:)
 
I've never bought a vehicle new in my life, and never will. Look at the depreciation in the first 1 through 5 years and ask yourself if you're willing to take that hit.

My pickup truck was north of $45,000 when it was new, a similar truck (diesel dually long bed 1-ton) would be in the $80K+ range now.. I bought it 6 years later for $11500 and it's served me well. I'm quite overjoyed that the previous owner took the $34K loss on it. My wife's car was in the $30K range when it was new, we bought it 6 years used (1 previous owner, and in showroom condition, honestly, short of the odometer reading) for $6300 certified, tax in.

I see the same thing happen all the time with RV's, travel trailers specifically - people wander into dealerships with stars in their eyes and sign on the dotted line for "only $250 a month!"....for 15 years. It's a freakin' mortgage your signing, people, not a loan! 10 years later that $35K trailer that they're still making payments on for another 5 years is worth $6000. The second you drive it off the lot you're underwater by many thousands of dollars. My FIL bought a trailer that was 4 years old from a fellow who bought it brand new and learned afterwards that he wasn't as into camping as he thought he would be. He had been trying to sell it for a year at a price that would have him break even, and in the fall of the following year he knocked nearly $10,000 off the price in order to move it - he told my FIL outright that he'd still be making payments on the loan for many, many years after he watched it drive away.

No thanks. I don't need to keep up with the joneses, I'd rather be smart with my money.
 
Back
Top Bottom