Consumer Rights? | GTAMotorcycle.com

Consumer Rights?

Ducati911

Well-known member
I have a question for someone who may know.

So recently I went into a dealership to see what loan I could qualify before I made the final decision on what I wanted. The first guy I talked to told me I need to fill out a loan form of some sort providing my info about work, etc. After I did that, I began looking at a bike and just sitting on them for fun, why not right? So I was approached by a sales rep and I told him, Im here to see what loan I qualify for before I can grab that bike over there (points at the premium bike). He said, well before we do that, you need to create a bill of sale and apply from there to see if the bank approves. I said okay sure, lets check it out then. We go back to his office and he tells me he suggests I apply for a loan on a lower priced model because I could be rejected on the higher model, so the best thing to do is apply for a smaller loan, and increase from there until they don't allow you. So he creates a bill of sale on a used bike thats lower priced and has me put a $500 deposit down (which he told me was refundable). From there he has me sign the bill of sale (I guess to show the bank this is what Im applying for, etc etc..)

From here is where the issue began, later that day I tell him I am no longer interested in the bike. I felt something wrong about the deal, the environment, or situation. So he tells me that I signed a legal binding obligation and the dealer will keep the $500 deposit I put down. He than tells me along the lines of, on the back of the bill of sale if a customer does not pick up the vehicle the dealer will send a registered letter to the customer stating that when that vehicle is resold to a different customer the cancelling 1st customer will be court ordered to pay the difference of what it sold for. Example you did not pick up the at written agreed price of say $10 and if that bikes sells next year for example $$5 you by law have to pay the difference of $5.

So to someone who may know how to deal with this situation, please either PM me or just reply to this thread. I feel I got tricked into something I didn't go in for. :(

I hid the dealers name and all the info just incase.

Thanks.
 
Did the sales order have "subject to financing with deposit refundable" on it? If not, then you basically have given them an iron clad sales contract. It's the oldest trick in the book for vehicle sales people. They tried it on my son a couple of weeks ago. He called me from the dealership and I told him to walk away.
 
This looks very bad. There is no cooling off period for a signed contract, except under very specific conditions, all not related to vehicles. Check out OMVIC, Ontario's Vehicle Sales Regulator. You really need to name the store because they really sucker punched you. Others can learn from your experience. You might need to take this dealer to small claims court.

OMVIC said:
Requesting a Deposit Back

Since there is no provision for a "cooling off" period in Ontario's law, if the dealer agrees to cancel a vehicle purchase agreement, they are entitled to claim "liquidated damages" and retain a part – or all – of your deposit.

Liquidated Damages

Liquidated damages arise from the expenses the dealer might have already incurred in when selling the vehicle to you: e.g.

  • Advertising
  • Freight and administrative costs
  • Cost for the loss of profit resulting from this cancellation

Template Letter

You may send a letter to the dealership provided that

    1. your contract was recently signed and you have not taken possession of the vehicle, AND,
    2. you wish to cancel the agreement under one of the conditions specified in the back of the contract but mutual consent has not been given.
This is an example of how your letter to the dealership should be worded. Send your letter by registered mail, courier, or hand-deliver it, and obtain a receipt.
source

And while you can’t insist on getting back your deposit, you can ask a dealer to show the costs incurred in selling the vehicle to you and ask for a refund of the amount that exceeds the dealer’s costs.
source
 
Technically, it should say somewhere on the bill of sale that it's subject to finance approval. Whether it says deposit is refundable or not is irrelevant, obviously it doesn't hurt though.

Have you finalized anything with the bank/finance company? Did they give you information regarding the term? rate? monthly payment? Just because you signed the bill of sale, it doesn't mean you're locked in. Whether they gave you 3% or 29.9%, $100 or $500/month, it is up you to determine what is affordable. You are in no way locked in unless you signed and accepted the finance terms and conditions and even then, you can still cancel but obviously at this point you'd be giving up your deposit.

If this was a cash purchase then the dealer is correct. You are obligated to pick up the bike or you forfeit your deposit. They can send you a registered letter and take you to court (do-able but very unlikely) but they'll probably sell the bike 10 times over before any of that happens. At this point, it's just a way of locking you in when in reality, you have every right to cancel.

I PM'ed you my #, I'd be more than glad to talk it over and give you any advice I can. Call me.
 
This looks very bad. There is no cooling off period for a signed contract, except under very specific conditions, all not related to vehicles. Check out OMVIC, Ontario's Vehicle Sales Regulator. You really need to name the store because they really sucker punched you. Others can learn from your experience. You might need to take this dealer to small claims court.

source

source
This only applies to a cash purchase or a finalized finance deal. If the application is in the process, he can still cancel.
 
Did the sales order have "subject to financing with deposit refundable" on it? If not, then you basically have given them an iron clad sales contract. It's the oldest trick in the book for vehicle sales people. They tried it on my son a couple of weeks ago. He called me from the dealership and I told him to walk away.

Im not 100% but I believe they could have hit me with..
 
That sucks, looks you got caught up in a whirlwind.

Regardless, if I can give any advice it's this. A motorcycle is a toy. If you can't afford it you shouldn't be financing or looking at a loan.

Financial freedom is key in this life. Don't buy if you can't afford.
 
A motorcycle is a toy. If you can't afford it you shouldn't be financing or looking at a loan.
But I want one, I've always dreamed of having one and that's the only way I can get it...oh wait....;)
 
I was being sarcastic. I totally agree with what you said. These are expensive toys and you need disposable income if you want to play with them.
 
Name the dealership and contact one or the consumer rights columnists at one of the newspapers or TV networks. Public shaming is the only thing that is going to stop these kinds of unethical sales tactics. I would call the owner of the dealership first and see if this is standard practice or if the salesman need talking to or possibly fired.

Sent from my Nexus 5X using Tapatalk
 
You guys are absolutely right about its just a toy which requires disposable income.

Hopefully thos doesnt happen to anyone again at this place. Wish I could expose the guy and dealership especially but than there could be legal issues for damages by them. Blaah. Well Im sure someone can guess who this place can be since theres not many of them here in the GTA.
 
Name the dealership and contact one or the consumer rights columnists at one of the newspapers or TV networks. Public shaming is the only thing that is going to stop these kinds of unethical sales tactics. I would call the owner of the dealership first and see if this is standard practice or if the salesman need talking to or possibly fired.

Sent from my Nexus 5X using Tapatalk

I believe the owner is also the father or relative of the person I dealt with since they have the same last name.

Since I didnt sign any bank finance forms to accept the payments or loan term from the bank itself, hopefully all is void.
 
I walked away from 3 different bikes I was ready to buy before I bought my Aprilia because of shady sales practices and poor attitude. Take it as a lesson and don't sign anything unless you are ready to buy it and comfortable with the terms. They want the sale, they'll work with you, if not, on to the next bike ;)
 
I walked away from 3 different bikes I was ready to buy before I bought my Aprilia because of shady sales practices and poor attitude. Take it as a lesson and don't sign anything unless you are ready to buy it and comfortable with the terms. They want the sale, they'll work with you, if not, on to the next bike ;)

I had the 14 rsv4 also! Killer bike you got now for sure. :p and you are absolutely right.
 

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