rejecting new car for excessive delivery lead time

Reubiedoo

Hi all,

I ordered a car from a main dealer in the beginning of September with a mooted lead time of 8-10 weeks. Obviously this is not binding, and was not expected to be honoured. However, 18 weeks later I still have no news. I once read online (but can not find again, despite hours of searching) a lawyer writing that you can introduce a 'time is of the essence' clause by writing to the dealer.

Does anyone have any experience of this?

Waiting for the car has caused significant financial hardship which is irrelevant to the issue in hand but prompts my desire to reject the car and just pick up something used.

Please no speculation - informed responses very muh appreciated.

Many thanks!

DUTR

Did you put a deposit down?
After you place the deposit , a week or so later you get the build slot and build week, after the car is built then it's around 4 weeks to the showroom.

Reubiedoo

No the dealer keeps being evasive, saying it's probably going to be December, then January last time I rang. I put down a deposit of £1000.

The back of the New Vehicle Order says if circumstances beyond their control cause a delay (more than 28 days) they will contact me to arrange an alternative date or I can cancel the contract. They haven't contacted me (I have chased them a few times) and accepted orally the later delivery dates mooted, so I am bound to wait until end of February (January + 28 days) but I feel like 6 months is a mickey take. I shouldn't have any problem rejecting on the provision in their contract, especially if I introduce 'time is of the essence'..?

DUTR

Reubiedoo wrote: »

No the dealer keeps being evasive, saying it's probably going to be December, then January last time I rang. I put down a deposit of £1000.

The back of the New Vehicle Order says if circumstances beyond their control cause a delay (more than 28 days) they will contact me to arrange an alternative date or I can cancel the contract. They haven't contacted me (I have chased them a few times) and accepted orally the later delivery dates mooted, so I am bound to wait until end of February (January + 28 days) but I feel like 6 months is a mickey take. I shouldn't have any problem rejecting on the provision in their contract, especially if I introduce 'time is of the essence'..?

Dpends on the marque of car and the spec, if it's just a run of the mill man in the street type vehicle, then yes it's unacceptable for the dealer to be so evasive. If it's something like a special Merc, then 9-12 months is not out of the ordinary.
The dealer has little control over the orders as they are dealt with upon order of arrival and slots at the factory.
If you have paid the deposit on a CC, then perhaps seek getting a refund.

forgotmyname

You would need to add the time is of the essence at the start of the contract not in the middle of it, unless they accept your new terms.

Otherwise they could change the contract also and say its going to cost you £200,000 and not the original figure.

jaydeeuk1

Didn't bother me, but when I ordered my car in october 2014, 8 week delivery time, it didn't arrive from Spain until end of Feb, therefore registered as a 64 plate when the new 15 plates came out. Dealer gave me free servicing and some sort of paint guard as way of an apology, perhaps yours might too.

straighttalker

As forgotmyname has said, you can't unilaterally choose to insert a term into a contract once it's been agreed by both parties. If you really wanted to do that, you should have done it before you signed the paperwork. The dealership wouldn't have agreed to such a term anyway.

bigjl

Just out of interest what car is it?

As knowing that supply is taking so long might help others that are considering buying the same marque.

daveyjp

DUTR wrote: »

Did you put a deposit down?
After you place the deposit , a week or so later you get the build slot and build week, after the car is built then it's around 4 weeks to the showroom.

Depends on the car. I've ordered new cars and waited 6-8 weeks for build date. The car has been in the showroom two days after leaving the factory in Europe.

BeenThroughItAll

If waiting for a few weeks for your brand new car to be delivered is causing such financial hardship, can you actually afford it in the first place?

DUTR

daveyjp wrote: »

Depends on the car. I've ordered new cars and waited 6-8 weeks for build date. The car has been in the showroom two days after leaving the factory in Europe.

1st new car I had ordered at the beginning of anuary recieved the car end of March, 2nd new car, ordered beginning of June, recieved mid October, build slot will vary depending on options chosen, things like special gearboxes , paint, sunroof etc can delay the turnaround.