Customers are tired of waiting for car delivery, dealers are leisurely 'changing the deal', what do lawyers recommend?

Thanks to the 'vague' terms in the contract, many dealers remain calm and composed despite the delay in delivering cars, leaving customers anxious for months.

Vietnamese customers' demand for buying cars is increasingly vibrant - Photo: CONG TRUNG

Missed the deposit, miserable waiting for the dealer to deliver the car

Mr. NT - residing in Binh Thanh, Ho Chi Minh City - said that in early July 2024, he deposited 30 million VND to get a car worth 1.1 billion VND. The sales staff promised that the customer would receive the car within a few weeks if paying in cash or 2-3 weeks if paying by bank transfer. The staff also took him to the lot to see the car, affirming that if he deposited, he would definitely get the car.

At the end of October 2024, after many times of contacting the dealer, Mr. NT only received answers such as "no factory papers yet", "the car has not arrived at the warehouse" or "wait a few more weeks". "I went to buy a car but it was like begging, I had to beg all day. For the past three months, the car has not been seen and the dealer still holds the deposit", he was upset.

Exhausted, he asked for a refund of his deposit. The agent promised to refund it within 15 days, but by the 20th day, he still had not seen the money in his account.

Similarly, Mr. L. shared that although he deposited money to buy a luxury car, the dealer said there was no car yet, so the customer "considered" paying more money to get a higher-priced version, or else wait until 2025.

The dealer cited "force majeure" in the contract. "Force majeure" could be natural disasters or fires, but it could also be that the company did not have enough cars due to high demand, so they invited customers to buy higher versions of cars to receive them quickly.

This is also the case that Mr. MK - residing in Hanoi - encountered when ordering an SUV for about 570 million VND at VH International Joint Stock Company located in Hoang Mai district.

Specifically, he deposited money to get the car on August 26 and agreed to get the car in September 2024. After signing, the staff informed him that the car could be delivered on September 14.

Before he could celebrate, the car seller called to inform him that the car version committed in the contract was not available, and suggested he switch to a higher priced version, promising a discount and incentives.

"In fact, they still have the car version I ordered in the contract, but they use the excuse that many customers have ordered and cannot deliver the car. The dealer has a price increase policy since September, so they cannot sell it at the price committed in the contract signed in August. This is unreasonable," said Mr. K.

Through the incident, he saw that the car sales company took advantage of customers' loopholes, deliberately putting contradictory and unfair terms into the contract.

The contract was signed on August 26, 2024, agreeing to deliver the car in September 2024, but the contract is only valid until August 31, 2024. The contract also only stipulates compensation liability if the customer does not fulfill the commitment, lacking the company's liability clause in case of violation.

Lawyer Nguyen Ngo Quang Nhat (Ho Chi Minh City Bar Association) - Photo archive

What should car buyers pay attention to avoid contract "traps"?

Speaking to Tuoi Tre Online , a representative of VH International Corporation said that all companies have monthly pricing policies. Thus, the car purchase price is valid until August 2024 and the contract clearly states that it will expire on August 31, 2024.

Regarding the car not being delivered in August, the representative said that because the company did not have enough products, the company informed the customer that the car would be delivered in September. At that time, Mr. MK had to make a new contract. The company offered two options, one was for the customer to take the car at the price of September 2024 or suggest another option.

Regarding the contract content, the representative of VH International Joint Stock Company clearly stated that the document fully stated the term, validity, and terms of vehicle delivery, and did not force the customer to sign. Because the two parties could not reach an agreement, in October 2024, the company refunded the full deposit to the customer.

Speaking with Tuoi Tre Online , lawyer Nguyen Ngo Quang Nhat (Ho Chi Minh City Bar Association) noted that car buyers must carefully read the commitment content, especially the date, time, deposit, etc. Buyers need to clearly distinguish whether they are signing a contract with the car seller or with a consultant or broker.

"Buyers should avoid using the sample contract provided by the seller. If the content is unclear, they should request revisions. Car buyers should consult legal experts before signing the contract," the lawyer suggested.

The lawyer stated that in the contract signed with consumers, business organizations are not allowed to stipulate terms such as "allowing the business organization to regulate or change prices at the time of delivery of products and goods" or "requiring consumers to comply with responsibilities when the business organization fails to fulfill its responsibilities".

"The advice of the consultant or the recommendation of the car seller is only for the reference of the car buyer. This content needs to be recorded in writing and included in the contract, the more specific the better so that the parties have a basis for proper implementation," said Mr. Nhat.

According to a car expert, buyers must carefully read the contract, including terms on delivery time, car price, and deposit refund. If they discover any unfavorable terms, they should ask the seller to make adjustments and make a written commitment.

Car buyers can draft their own documents according to their personal wishes, protect their rights, and avoid "ambiguous" terms in pre-printed contracts. If the dealer refuses to sign the contract at the buyer's request, it may be a sign that the transaction needs to be reconsidered.

Source: https://tuoitre.vn/khach-hang-mon-moi-cho-giao-xe-dai-ly-ung-dung-lat-keo-luat-su-khuyen-cao-gi-20241106102719061.htm