Please help!!!! My deposit money and a quebec dealership

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Beemerman91

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Hi there,

I need your help with a situation that i am in. About 2 months ago i placed a full deposit and signed a contract for a new Kawi. I was expected to take delivery of this bike this Saturday, however i received a phone call from my sales rep. telling me that owner decided to sell my bike was sold to another person and the reason being was i took to long to take delivery. From the time i placed a full deposit till till now i had to push back the delivery date because of poor weather and conflicts with my work travel schedule. Now i'm out a bike and potentially out my deposit money as I was told the owner was going to keep my $500 deposit. I've been dealing with a dealership in St. Jerome, Quebec.

I'll be make a phone call to Kawi Canada before i speak to the owner tomorrow.

Can they actually hold my money even though i did not back out of my contract? Is anybody familiar with Quebec law?
 
There are no details in the contract? There are sometimes conditions in the contract that can void a deposit but it they are usually disclosed somewhere. Definitely file a complaint it you were not new aware of the conditions.


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There are usually delivery stipulations in the contract and if you don't exercise delivery within that time frame they can keep your deposit. Although most dealers will try to work with you. Assuming you still want the bike, calling Kawi Canada may force the dealer to order you another bike. Not a good way for a dealership to treat their customers. Sorry for your situation. Let us know how it turns out
 
How long did you push delivery back by? If we're talking 6months or so I might see this but not for a month.
 
not even close to six months...i pushed the delivery twice (once late february and then mid march) when we had snow storm. I'm reviewing the contract it says nothing about when i suppose to take delivery. I have an email from the sales rep. about two weeks ago asking me when i was picking up the bike and told him March 29th, he's response was "perfect see you then" and that was the last i heard since, until today!
 
Beemerman91 said:
not even close to six months...i pushed the delivery twice (once late february and then mid march) when we had snow storm. I'm reviewing the contract it says nothing about when i suppose to take delivery. I have an email from the sales rep. about two weeks ago asking me when i was picking up the bike and told him March 29th, he's response was "perfect see you then" and that was the last i heard since, until today!
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Sounds like a good email to hang onto.
 
I'm not sure how it works in Quebec. Here in Ontario, as a dealer, you cannot re-sell a vehicle even if the buyer took too long to pick it up, unless the buyer has been informed via a registered letter. You have x amount of days after receiving the letter to make arrangements with the dealership. If you fail to do so, they're entitled to re-sell the vehicle. If for whatever reason they sold it below the price you paid, they're entitled to deduct their "losses" from your deposit and reimburse you the difference.
 
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believe it or not i will be presenting all the facts to Kawi Canada - I was absolutely furious with the Sales Rep that they would do such a thing without 1. giving me any warning that i must take delivery of the bike at certain date 2. telling me that they are going to keep the deposit! I've already got kicked in the nuts once but twice??!?!?!
 
You might well have a decent legal case there unless there's something in your contract that you've missed. Try the gentle way first, resend that email to the manager and ask them to fulfill their obligation to provide your bike on the agreed on, and in writing, date. Is there a chance that there's just been a simple misunderstanding though?
 
Could be, highly doubt it at this stage since the sales rep. told me that the owner sold the bike while he was away two days during the week. I don't think sending it to the manager would do any good as it was the owner who did this, i'm hoping Kawi Canada will back me up in this particular situation.
 
Kawi will likely do next to nothing.
Ask them to give you a $500 rebate and to get you that price locally.

I would contact Transport Canada and see what they tell you.
Contact OMVIC and ask for Quebec counterpart.
You can try carhelp canada too.
 
Have you tried dealing with the sales manager? Maybe its just the Rep being a greedy prick and going against dealership policy to pocket the cash.
 
STARSHIP said:
Any reason for buying in Quebec? In Ontario, ONVIC would get involved, their should be a Quebec equivalent.
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OMVIC (Ontario Motor Vehicle Industry Council) and their equivalent is something like Coordonnées des Comités Paritaires du Secteur de l'Automobile
 
Does your sales recipt have a VIN# on it?
If so, that bike is yours...or the dealer has to jump thru hopps to make YOU happy, not the other waya round.
 
Before calling Kawasaki Canada, talk to different people at the dealer- salesmanager and dealer principal / owner. Kawasaki headquarters cannot help much in this case, it would be better for you to talk to the OMVIC equivalent, not Kawi Canada.

But what is the big deal? If you still want the bike, I am sure the dealer still wants to sell you one. They already have a deposit, how quickly can they get another bike with the same spec, for the same price you already negotiated? It shouldn't be that hard!

With the weather the way it is, you are not missing the riding season yet... so it is not a big deal to wait 1-2 or 3 more weeks to go and pick it up. Can the dealer go search and secure another bike in 1-2 weeks? I don't see why not.

If you have a deal on a 2013, they should honour it on a 2014 model model...
 
Why the **** did you order from Quebec??

Kawi Canada is located here so at least they'll be sympathetic when you tell them about the storm and not being able to go...IF they can even help.
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