Advice Needed Please

[madyorky]

Hi All,

I recently decided to change my grande punto sporting (06 plate) for something a little bigger and newer.

When to local fiat dealer and for various reasons I decided I wanted an automatic. The dealer found me a pre registered Brave Dynamic 1.6 Dualogic. ( hard to find )

The deal sounded too good to be true... approx 30% discount.

I filled out the paper work and and waited for the finance to be sorted and the call to say the car was ready.

Got the call and arranged to pick up the car the following day.

BUT

When I got to the dealer I was told there was a slight problem.. It was NOT a dynamic but an active... BIG spec difference.

Dealer checked with fiat remarketing and was told it was always an Active.

Dealer cannot find another pre registered Dynamic Dualogic on the system any where. My paper work definately states Dyanamic.

I really do need a Dualogic as my partner can only drive automatic's

What I would like to know is how binding is the contract I have signed ( finance was only applied for and not finalised ) with the dealer? Is he obliged to get me the car I signed for or because it is classed as a used car do my rights change.

Is there anything I can do as the dealer cannot find a pre reigstered car of the spec I ordered. Do they have an obligation ?

Thanks

Madyorky

 

[s130]

I think you are saying you agreed and signed with the dealer for an Dynamic but in reality only an Active was available? Also nothing is finalised.

Legally (if the above is true) you don't have to buy/complete the deal. However you are suggesting (you need to thoroughly check these facts out and do it again) that the Dynamic is not currently available in which case you are left with a dilema.

Personally I would:

1) tell the garage you are reviewing the situation, possibly taking legal advise, and will be in touch with them shortly

2) fully research Active/Dynamic availabily (buy phoning other dealers)

3) create a definitive Active to Dynamic specification difference, save it and print it and put it you your pocket. Also read it and be 100% on top of the differences.

Now you can go back to the dealer fully armed with everything you need.

I'm a little unsure as to the difference between a Dynamic and Active and if the Auto box is mutually exclusive between the models.

From what you have said you can just walk away as they have not fulfilled their sales obligations and your (any) depsosit is fully refundable.

However, after regotioting, reviewing all the details, availability, reduced cost etc., you may decide that you have a deal you can live with. This will never relieve the dissapointment and upset you experience from what you initailly negotiated and expected, but whatever compromise and compensation you finally achieve could be OK.

Secret here is:

1) Gather the facts & details
2) Know your exact postion (taking into acount (1) )
3) Stand your ground and, if applicable, negotiote and alternstive outcome IN YOUR FAVOUR

Only you can decide what the right course of action is, but your starting point seems to be pretty clearly in your favour in that the dealer is not able to supply what you ordered.