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Old 04-26-2013, 10:09 PM   #1
HAL1
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Default Signed a contract, I think.

How screwed am I?

A am ready to buy and and comfortable with the sale price as well as how much he is giving me for my trade-in, and interest rate - 2.25%

The dealer found the car I was looking and is getting it from another dealer that he says he trades with all the time, but the car is still 'in transit'. Of course anxious to close a deal he prepared, and I signed, a Retail Purchase Agreement and a Retail Installment Sales contract.

There are no blank spaces, it's all filled in - price, trade-in value, down payment, amount financed, payment/terms, everything INCLUDING THE VIN of the car coming in.

According to the computer the car had an ETA of last Tuesday, 4/23, but he said it could be earlier or later than that. The car hasn't arrived yet (now 4/26) Is there some last papers I haven't signed that still get me out of this if it drags on too long and I want to explore my options, though all the dealers I've talked to concur that there really aren't many, is any, of the model/color I am want left.

No money has changed hands, though he wanted to have my trade now and would give me one of his cars to use (not an WRX), I think it was so I couldn't keep shopping.

At some point can I say - forget it, it's taking too long?
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Old 04-26-2013, 10:10 PM   #2
HAL1
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Maybe if there's a dealer on this board he can track this car for me and see where it really is?

Update: I asked the salesman about other options like, like looking for a different trim level, he said "We already traded for the premium version and treated it as a sold transaction" I really do want to get it from him, but how long can he keep me waiting if there was some time of snafu

Last edited by HAL1; 04-26-2013 at 10:32 PM.
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Old 04-26-2013, 10:34 PM   #3
nmlittlebigman
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Keep your car in your possession until the new one shows up. Relax and don't panic...yet!
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Old 04-26-2013, 10:39 PM   #4
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If it's 3 days late you're totally screwed.
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Old 04-26-2013, 10:52 PM   #5
nmlittlebigman
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When you say the vehicle is "in transit" are we talking a new vehicle from Subaru? Are you dealing with a Subaru dealership?
A contract is between two or more parties requiring defined performance of each involved. I'm sure somewhere in the contract/agreement you signed there is a time period, a section on default, and specific performance (remedies). In the time being read it.
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Old 04-26-2013, 10:53 PM   #6
Jack
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You made a deal you're happy with all around.

I understand why you're unhappy. Actually, can you explain it to me one more time.

I bought my Legacy GT exactly this way, except without second guessing myself. Maybe it's because I've bought a lot of cars in my live, so it's not such a big deal.
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Old 04-26-2013, 10:54 PM   #7
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If you have a vin...it shouldnt be much longer.
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Old 04-26-2013, 11:03 PM   #8
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Sounds like you bought a car, the only thing you aren't happy about is the delivery time getting delayed. Instead of asking us what you did, maybe call the dealer and tell them you want the car in 24 hrs or you'd like to void the deal.

Without seeing your paperwork it's hard to guess how stuck you may be. If the contract states "delivery by 4/23", there's a possibility it could be voided.

Of course the salesman said "it's a solid transaction", he's in sales and wants his commission. It doesn't mean he's being completely truthful.
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Old 04-26-2013, 11:07 PM   #9
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give them a 24 hour window or you want XXX like accessories, warranty etc or you void the deal.

If delivery is 4/23 and you have not gotten the car then they have violated the terms of the contract.

(I am not even an internet lawyer, plz consult legal counsel prior to wiping your ass with the contract.)
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Old 04-26-2013, 11:10 PM   #10
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Quote:
Originally Posted by Dale2011WRX View Post
If it's 3 days late you're totally screwed.
This. You're ****ed.
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Old 04-26-2013, 11:11 PM   #11
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Quote:
Originally Posted by aerosaaber View Post
g

If delivery is 4/23 and you have not gotten the car then they have violated the terms of the contract.
ETA = Estimated Time of Arrival.
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Old 04-26-2013, 11:26 PM   #12
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What's the paperwork say for actual delivery date?
ETA of "4/23 or before" is not 4/26.
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Old 04-26-2013, 11:38 PM   #13
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Quote:
Originally Posted by aerosaaber View Post
What's the paperwork say for actual delivery date?
ETA of "4/23 or before" is not 4/26.


"According to the computer the car had an ETA of last Tuesday, 4/23, but he said it could be earlier or later than that."

ETA is still an estimate, it's not a guarantee anyway you look at it.

I'm a profeshonel lowyer
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Old 04-26-2013, 11:39 PM   #14
HAL1
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Quote:
Originally Posted by nmlittlebigman View Post
When you say the vehicle is "in transit" are we talking a new vehicle from Subaru? Are you dealing with a Subaru dealership?
A contract is between two or more parties requiring defined performance of each involved. I'm sure somewhere in the contract/agreement you signed there is a time period, a section on default, and specific performance (remedies). In the time being read it.
This is from a Subaru dealer, he did a dealer trade to another dealer. Yes, new car shipped from Subaru. The car has not yet arrived on the other dealer's lot. The ETA was what was in the computer when he looked for the car, as to when it would arrive at the dealer he is getting it from.

Don't know why people are saying I'm screwed. The contract has this VIN on it, which means at worst I have to wait for the car and hold me to the sales contract. It's not like they can enforce this contract for any other vehicle, I'm only screwed in that just I just have to wait for however long it takes. He has the VIN, it's a specific, real car.

No time frame specified in the sales contract, just the same sales contract and installment contract you would sign when buying a car.

I'm comfortable with that this dealer is just waiting for the car to arrive, I'm just anxious.
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Old 04-26-2013, 11:43 PM   #15
HAL1
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Quote:
Originally Posted by nmlittlebigman View Post
When you say the vehicle is "in transit" are we talking a new vehicle from Subaru? .
Yes. The day I 'bought' the car the car was listed on the arriving dealers website as "in transit". That same car is no longer in his website, giving credibility when my dealer said "We already traded for the premium version and treated it as a sold transaction"

This is a name dealer in a large upscale suburb, I know they're not playing with me, I think i'm just anxious and don't want to call him every day "is it in yet, is it in yet"

I'm thinking they'd like to get this to me before the end of the month, right?
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Old 04-26-2013, 11:44 PM   #16
tibug
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I find it hard to believe that three days go by and you've got cold feet. I mean, if you place a delivery at Dominoes and it doesn't show up for three days, that's a contract I would understand wanting to get out of. But you're talking about quitting a contract for a car that you want that is apparently hard to find...after three days.
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Old 04-26-2013, 11:50 PM   #17
HAL1
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Quote:
Originally Posted by tibug View Post
I find it hard to believe that three days go by and you've got cold feet. I mean, if you place a delivery at Dominoes and it doesn't show up for three days, that's a contract I would understand wanting to get out of. But you're talking about quitting a contract for a car that you want that is apparently hard to find...after three days.
Not quitting, just the "oh cr@p I signed a contract and I have nothing tangible in my hands" feeling. But then again, he doesn't have anything, read money, in his hands either.
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Old 04-26-2013, 11:59 PM   #18
nmlittlebigman
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So you came HERE for reassurance?
It will be worth the wait. In the meantime go down and drink coffee at the dealership. Sleep on their couch, eat their free popcorn and hog the tv.
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Old 04-27-2013, 12:11 AM   #19
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Quote:
Originally Posted by tibug View Post


"According to the computer the car had an ETA of last Tuesday, 4/23, but he said it could be earlier or later than that."
Proof I'm too tired to be on the intraweb. Good night.
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Old 04-27-2013, 12:34 AM   #20
tibug
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Quote:
Originally Posted by aerosaaber View Post
Proof I'm too tired to be on the intraweb. Good night.
That makes two, dude. Been to bed after 2:00 AM too many nights this week. My short term memory is like . Goodnight.
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Old 04-27-2013, 12:54 AM   #21
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Quote:
Originally Posted by HAL1 View Post
How screwed am I?

A am ready to buy and and comfortable with the sale price as well as how much he is giving me for my trade-in, and interest rate - 2.25%

The dealer found the car I was looking and is getting it from another dealer that he says he trades with all the time, but the car is still 'in transit'. Of course anxious to close a deal he prepared, and I signed, a Retail Purchase Agreement and a Retail Installment Sales contract.

There are no blank spaces, it's all filled in - price, trade-in value, down payment, amount financed, payment/terms, everything INCLUDING THE VIN of the car coming in.

According to the computer the car had an ETA of last Tuesday, 4/23, but he said it could be earlier or later than that. The car hasn't arrived yet (now 4/26) Is there some last papers I haven't signed that still get me out of this if it drags on too long and I want to explore my options, though all the dealers I've talked to concur that there really aren't many, is any, of the model/color I am want left.

No money has changed hands, though he wanted to have my trade now and would give me one of his cars to use (not an WRX), I think it was so I couldn't keep shopping.

At some point can I say - forget it, it's taking too long?
It's 3 days late from an estimated arrival. Calm down. Christ. Kids these days, huh, Jack?
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Old 04-27-2013, 01:16 AM   #22
HAL1
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Default

Thanks for all the useful (and not so useful) replies . I was just wondering if the dealer had me by the short-hairs if something goes south. I have to think I'm safe since the contract has a specific VIN.

Mods,please feel free to lock this thread if you feel no further useful thoughts can be contributed
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Old 04-27-2013, 08:14 AM   #23
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Quote:
Originally Posted by HAL1 View Post

Don't know why people are saying I'm screwed.
Who said youre screwed besides yourself?
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Old 04-27-2013, 08:37 AM   #24
tibug
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Quote:
Originally Posted by vision.dynamix View Post
Who said youre screwed besides yourself?
Dis.

Quote:
Originally Posted by HAL1 View Post
How screwed am I?
Quote:
Originally Posted by HAL1 View Post
Don't know why people are saying I'm screwed. The contract has this VIN on it, which means at worst I have to wait for the car and hold me to the sales contract. It's not like they can enforce this contract for any other vehicle, I'm only screwed in that just I just have to wait for however long it takes. He has the VIN, it's a specific, real car.
Also, you're screwed.
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Old 04-27-2013, 11:53 AM   #25
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Once a dealer gets the vin, it can still take 1-4 weeks before the dealer receives said car. If you want to feel better about waiting a couple of days to maybe a week or so, go to the Wrx order thread. Some people there are at 16+ weeks. Now that's a long wait.....
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