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Contract of Sale - Motor Vehicle

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Stat71 View Drop Down
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  Quote Stat71 Quote  Post ReplyReply Direct Link To This Post Topic: Contract of Sale - Motor Vehicle
    Posted: 30/March/2019 at 11:53
Morning, Im very lost on where to next and extremely aggrieved. Synopsis is as follows:

- late 2017 we purchased a demo vehicle (580klm on clock) from a reputable and large dealer. Negotiated a number of extras and was offered 3 years free servicing by the sales manager to seal the deal as we were negotiating with a number of nearby dealers.

- Contract of sale stipulates 3 years free servicing no caveats or conditions. They also repeated this on the invoice.

- Contract of sale has my unique signature, in blue ink and is dated by my hand.

- Up until approx 30 days ago we had no issues UNTIL I attempted to book my next service and was informed it would cost me $x ie not free as per contract of sale. This was not as per both the implied and express (documented) agreement.

- I contacted the dealer principal and sales manager, they advised that a condition of the 3yrs free servicing was a cap on the number of klms. I stated (in writing) that this was not explained on purchase and is not stipulated in the contract of sale. I requested for the agreement within contract of sale to be honoured.

- The advised in a written response they would escalate to senior management and would be investigating the matter, and would get back to me. I also wrote at this stage to the parent company.

- 2 weeks later, the dealer principle wrote back to me advising that I had been given a brochure outlining the conditions of free servicing at the time of vehicle delivery. Included in this response was a scanned copy of the brochure. This brochure was a copy of the one they allegedly provided me at delivery as it was in their deal pack they keep for each sale. It includes the $ amount incl GST for their free servicing program.

- I responded stating I never received or seen this brochure before. I have everything stored in the same folder it was all received in, from the dealer including copies of all signed documentation and it doesnt include this brochure nor any other documentation referring to the Free Servicing Program. I asked them to again to honour the terms of sale. No response. I waited a further 10 days and lodged a complaint with Fair Trading.

- Fair trading were great and within 5 days had reviewed all the documentation I provided and liaised with the dealer principal.

- On day 5 the dealer principle provided to Fair Trading, a scanned copy of a contract for their free service program. It has allegedly been signed by me at the same time as I signed the contract of sale. It is distressing as:
1) I never see nor let alone signed such a document
2) it is not my signature - just a very poor attempted copy.
3) The $$ amount stated for the free service program is not even close to the $$ amount in the brochure I was allegedly provided with??
4) my alleged signature is in a different coloured ink to the one I used to sign the other documents of sale
5) the date next to the signature is written very clearly by the same person who completed the rest of the fields on the document.
6) The date of commencement of the free servicing contract is written as 2.5mths prior to me purchasing the car!
7) Finally - why did it take so long for them to produce this contract?

I emailed the dealer principle and outlined my concerns re signature and asked him to simply compare the signature on the contract of sale versus the signature on the free servicing program contract. They have not responded and are not returning my calls.

So in summary - I don't know where to go next but have never felt so aggrieved. It was my first real car purchase, and we as a family have enjoyed the experience up until 6 weeks ago. This now is unfortunately a disaster but even more so upon seeing that someone has attempted to forge my signature!

Any advice?

jaazzz View Drop Down
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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 31/March/2019 at 18:21

Looks like you have followed the process fairly thoroughly Not sure it can be taken any further than fair trading... Theoretically you could report the forgery & intent to defraud to the police.

It would be up to them whether they pursue it & ultimately bring a charge though.

What did fair trading say about your allegation of forgery?

Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks

Stat71 View Drop Down
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  Quote Stat71 Quote  Post ReplyReply Direct Link To This Post Posted: 31/March/2019 at 18:46
Thanks for the response
Fair trading strongly encouraged the dealer principle to check the signatures but has to leave it in dealers hands as case is “closed”.

jaazzz View Drop Down
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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 01/April/2019 at 09:16

Well I guess there are 2 points of grievance present now.

1) The initial free service period...

You've taken that as far as you can with fair trading it seems. You are now back to being ignored by the dealer... Don't know if the ACCC can help you further. May be worth a call.... Take out a civil court application... That could be a long drawn out process & may leave you with all the other sides legal costs if you lose....Not worth the risk for what you would gain if you win

There may be a dealership organisation of some kind that this dealership is a member of that you can take the complaint to

2) The forged name with intent to defraud, a criminal offense

As I said, you could take this to the police & see what they decide to do. At the least, if a crime is reported they should conduct an interview, look at the evidence & decide whether a charge can be made.

Other than that, you can certainly use social media to let people know of your experience regarding the reneging of what you were lead to believe was a service free period of 3 years..

YOU SHOULD NOT mention anything about your allegations of forgery or fraud in social media.

Sorry can't think of anything else. Hope you get some satisfaction



Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks

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