Issues with dealer - longish

As a pre-amble to the below - I was given an offer by a Toyota Canada dealership to break my 5 year lease, 36 months in, as they had a insurance customer looking for my Yaris model with the options that were desired, as mine was so equipped.

This was on thursday - keep in mind, this was a cold call, and i wasn't really prepared, or for that matter, even really thinking of such a deal before i entered into it.

Upon presentation of the offer to break my lease, i indicated that i'd be interested with the provisal that it was conditional on the ability to finance a Tacoma base package 2wd 4 cyl, manual transmission, access cab, and air conditioning being the only add-on for health reasons, within my financial comfort zone - within $100.00 of what i was currently paying for the lease per month.

Apparently Toyota Canada has on offer a $2500.00 dealer incentive to move the 2010 Tacomas. As my Yaris was leased at the market value peak, and is being turned in at a low point of valuation of the vehicle, they were willing to make the deal happen provided they could apply the $2500.00 to the Yaris. Ok, not quite sure of the reasoning there, but ok, i can work with a new 2010 at MSRP..

I was then passed off from the sales-person, to the finance person in the dealership.

When it came to the contract - the vehicle was priced out at $23300 with A/C package.

Toyota's own CDN website shows an MSRP of $21355.00 without the A/C package, and with the A/C package 21905.00

This is a difference of $1395.00 between what Toyota Canada's website shows, and what they say the MSRP is.

On top of that, the 2011 Tacoma, base model now comes equipped with A/C standard, at $21895.00 .. $10.00 less.

So i'm being overcharged on the MSRP of a vehicle that is already 1 year old on the toyota lot, and i'm supposed to be happy about that?

The other issues, somewhat resolved at this time, but not totally, are the various add-on costs/admin fees and sell-ups that they initially nailed me on, in signing the original contract.

On top of that - the interest rate for the loan of 6.7% is out to lunch from the TFS rate of 4.9%. I was told that they couldn't use TFS, and had to use a third party bank to take advantage of the $2500.00 dealer incentive.

In phone conversations on friday, i told them that the sales agreement as it stands now, is unacceptable, and i will not be honoring it. Note - Ontario technically does not have a 'buyers remorse' clause to get out of new car sales contracts .. they've got a $500.00 deposit only that i'll attempt a charge back.. but if not, lesson learned. I won't be honoring the contract as it is, and i've told them verbally and via email already.

By the time i communicated with them on the various issues on Friday morning, i was told that the Yaris lease had already been broken - it was no longer 'mine'.

They can have the Yaris - it works out to my financial advantage to break it early, as there are no financial penalties associated if they've broken the lease early.

As it sits right now, if i don't get resolution on these issues, i'll be walking out, and on down the street to their competition - i am not prepared to honor their sales contract at my financial peril. I feel that i'm being hosed for trying to work with them for something that they wanted, and i was willing to give them further business as part of that arrangement. It was put to me that this could be of a mutual benefit to work this arrangement, but the more time goes on.. it's feeling like a parasitic arrangement.


A few questions before i go in for the 're-negotiation' tomorrow..

5 year extended warranty covering all repairs but 'consumeables' ie brake pads, wiper blades, worn out tires etc.. just how necessary is this?

To any one's knowlege, has the CDN MSRP changed from what the website has indicated http://www.toyota.ca/toyota/en/buil...CcUg&woInstanceId=21&locale=en#models-options ?

Any other thoughts, based on the above scenario?

Thanks.

 

Your in Canada, don't know your consumer laws, but down here in the states you legaly have 3 days to break any sales contract.

 

A common misconception. That is only for real estate. I was in the car business for years. You own the car once you take delivery. THere is no 3 day period.

This sounds like a normal cold call from a dealer trying to drum up business and make a buck. I dnt see what the big concern is... car dealers are always trying to get the best of you. If you dont want the deal, dont take the deal. This is common, and to be expected. You are smart enough to see their play. Make your own and tell them you want X, Y, AND Z. If they dont want to take your deal then leave. There was noone looking for your car by the way... thats a common lie when they do cold calls to lease owners.

It does not sound like you have signed anything. I dont see the issue here or anything out of the ordinary. YOU requested A, they agreed, and presented offer B, you say no I want offer A, they will likely offer you deal C, etc.

 

I've neither taken delivery of the Tacoma, nor surrendered the Yaris. I still hold the ownership, not signed over. The salesman claimed via telephone on Friday that he'd already had the lease broken, so that portion may or may not be un-doable if the deal falls on it's face in the end - depending on how truthful, or not he's been.

In Ontario, there is no consumer protection, once the contract is signed. I have signed the contract, though all they have from me is $500.00. Though it will hurt in the short term, i am prepared to walk away from that $500.00 - it'll cost them much more business in the 'tell 10 people' principle of word of mouth, if they insist on keeping the deposit.

I'll certainly be entering into tomorrow's re-negotiation better prepared than i was.

At this point the main issues are the loan percentage, and my perception of a marked up MSRP on what is essentially last years model that they are trying to clear off the lots.

I half suspected the 'insurance co' thing was a little suspicious - one of my first questions i asked was why was i being contacted, when he had several 08's sitting in the used lots. He said it was because of my manual tranny/air-conditioning optioning of the vehicle. Ok, not being in the auto biz.. all i have is suspicion.

I'm not real happy with people that tell less than the truth - i live by two principles in life - honesty, and integrity. I'm perhaps naive, for doing so.

Indeed, i have signed, and the form says boldy, All sales are Final. There is a clause on the back to mutually tear up the contract. At this point though, the contract is being actively renegotiated to allay my concerns with the original. Hopefully my concerns will be resolved, come this time tomorrow, as a happy Tacoma owner.

 

Here, you only get a 3-day right to rescind if the dealer (salesperson) comes to your home and performs the sale there. If you sign paperwork in your livingroom, then you have 3 days. Otherwise, if you sign- it's yours.

 

And I'm curious- with that much info you've got, how on earth did you sign such a bum deal? I'd call Toyota corporate and also Toyota Financial to see if they have indeed nullified your lease on the Yaris. That deal had to be screaming out and waving red flags all over the place before you signed on the line.

 

3 days not valid in California. But I wouldn't deal with them anymore. I don't like the rip off deal they try to throw at cha. They way I see it is if I didn't sign for anything. Nothing is official.

 

Legally, it sounds like you own an overpriced Tacoma. "Taking delivery" does not mean when your butt is in the seat and you're driving down the road. It means when you've inspected the paperwork and in good faith have signed the contract agreeing to whatever you've signed. You may now be driving and holding onto Toyota Finance Corporation's Yaris that you no longer have the right to possess. It sucks, and they may have done you dirty on the deal, but I think you may not have a leg to stand on. Expensive learning experience.

 

And after reading your initial post- sounds like they got your payment to where you wanted it. The only thing you told them was to get the payment within a hundred bucks. When I was in sales, I loved a "payment buyer". If they didn't get it into your payment threshold, would you have signed the deal?

 

All of the info that i've gotten, has been post initial purchase agreement, primarily during the WTF? hours of 9:00 pm to 3:00 am into the 25th, after the fact.

This was done on the 24th. I see by my online bank statement that the monthly withdrawl for the Yaris lease did occur on the 25th - so it's a good question as to whether the lease agreement has indeed been nullified or not, or whether it's a case of all channels being notified in time.

I'll be the first to admit i'm an idiot, and feel as such, even while typing this out still. It was indeed throwing up red flags at the time, and no real excuse for it other than i was tired from a very heavy physio appointment an hour or so before - i am recovering from major surgery, and as such it 'fogs' me mentally, as well as physically at times.

The true enormity of the original contract only really dawned on me after a good nap. Realizing that what i told the sales-person what i wanted, had nothing to do with the contract that i was presented with.

We'll see. You might be right, or you might not. I have the Yaris in my possession by permission, and i have the ownership in my possession also. If the issues are unresolveable, they can keep the Yaris if they truly have broken the lease agreement, and i get my exercise going home. If i stop payment for a vehicle that i don't possess or have title for, then it for all intents and purposes, will still be Toyota's to do with as they see fit. Ownerships have to be signed in Ontario, to be valid - no matter what a dealership contract might say. At this point, unless resolved, my lesson will be expensive - at $500.00.

We now have a verbally agreed upon payment per month, within $20 of my monthy payment price. Far better than what the contract originally had held me to. There are still a few issues to be resolved at tomorrow's sit-down. As i made it clear within hours of signing, they know that i have no intention of honouring that agreement, whether i'm legally bound or otherwise.. take me to court, sue me, can't get blood from a stone..

I agreed to the first contract, a naive, very tired idiot.

I'm also stubborn as Hell.

But, thanks for the input.

 

Update:

Issues resolved. Not entirely happy with the way the truth was bent by the sales-person to draw me into his dealership.. but that's sales for you.

The Tacoma is 'officially' mine, at a much reduced total price over the original invoice.

The only add-on that i assented to in the revised sale, was for rust-proofing, and the 7 year/120k km warranty, and the cost was reduced for that. It might be wasted money in the end, considering the overall reputation for durability and quality with the Tacoma's.. but it is an insurance policy for the next 7 years when money will be somewhat tight.

Take delivery March 2nd. The truck arrived today at the dealer, and just needs to be prepped and rust proofed.