Can a vehicle OTP conditions be changed?

[Georgios]

Morning all,

In the processing of purchasing a new vehicle. They have now issued me with the OTP which includes a whole bunch of conditions. Going through the conditions it seems rather unfair to the buyer and favours the seller more.

Am I allowed to amend some of the conditions, strike them out and or say not applicable?

 

[B-1]

Of course but they may refuse the agreement then. Best is to negotiate before signing and get something you are both happy with.

 

[Van87]

Just purchased a new car 2 weeks ago.

First thing I'd ask, is where are you buying the car from? Reputable dealership or second hand place?

Not to say all second hand places are suspect, but I'd say be more weary, where as a reputable dealership, the OTP is stock standard.

 

[TheChamp]

Morning all,

In the processing of purchasing a new vehicle. They have now issued me with the OTP which includes a whole bunch of conditions. Going through the conditions it seems rather unfair to the buyer and favours the seller more.

Am I allowed to amend some of the conditions, strike them out and or say not applicable?

Yes, please do that, it's your money, don't accept any nonsense they've chucked in there, let me guess there's some delivery fee even though you are collecting the car from the dealer?

Ammend it and ask for a new offer, negotiate and meet each other somewhere, walk away if you are still not happy.

 

[Georgios]

It's a reputable dealer (Subaru). Buying a brand new car. There is a delivery but it's for the registration of the vehicle. I am happy with that.

I don't believe it to be a standard OTP. It says the car will be sold as voetstoets, there may be minor damage due to assembly and demonstration purposes. The trade in vehicle may be subjected to a revaluation and the OTP could be cancelled or accepted. Doesn't mention that the buyer is allowed to walk away if the trade in value is reduced.

The Toyota OTP didn't have any of the above at all. It was rather simple.

I assume they want the sale and I want the vehicle. I have arrived at the dealer to discus all the points that I emailed through.

 

[TheChamp]

It's a reputable dealer (Subaru). Buying a brand new car. There is a delivery but it's for the registration of the vehicle. I am happy with that.

I don't believe it to be a standard OTP. It says the car will be sold as voetstoets, there may be minor damage due to assembly and demonstration purposes. The trade in vehicle may be subjected to a revaluation and the OTP could be cancelled or accepted. Doesn't mention that the buyer is allowed to walk away if the trade in value is reduced.

The Toyota OTP didn't have any of the above at all. It was rather simple.

I assume they want the sale and I want the vehicle. I have arrived at the dealer to discus all the points that I emailed through.

Voetstoots on a new car? And you still want to sit down and discuss? I admire your patience.

 

[Johnatan56]

It's a reputable dealer (Subaru). Buying a brand new car. There is a delivery but it's for the registration of the vehicle. I am happy with that.

I don't believe it to be a standard OTP. It says the car will be sold as voetstoets, there may be minor damage due to assembly and demonstration purposes. The trade in vehicle may be subjected to a revaluation and the OTP could be cancelled or accepted. Doesn't mention that the buyer is allowed to walk away if the trade in value is reduced.

The Toyota OTP didn't have any of the above at all. It was rather simple.

I assume they want the sale and I want the vehicle. I have arrived at the dealer to discus all the points that I emailed through.

That voetstoets clause would cause me to pick up the phone, call them and tell them to drop that clause without bothering negotiating/reading through the rest of the contract.

Any issues with assembly on a new car are their problem and they must fix, e.g. Panel gap issues are a common enough issue that is an assembly mistake that they should have to sort out.

 

[The_Traveller]

Reputable, voetstoets, damage ... come now you can't be that desperate.

Contact @ubercal he'll find you one for R200k with R80k wheels and 300kw of power.

 

[epah]

It's a reputable dealer (Subaru). Buying a brand new car. There is a delivery but it's for the registration of the vehicle. I am happy with that.

I don't believe it to be a standard OTP. It says the car will be sold as voetstoets, there may be minor damage due to assembly and demonstration purposes. The trade in vehicle may be subjected to a revaluation and the OTP could be cancelled or accepted. Doesn't mention that the buyer is allowed to walk away if the trade in value is reduced.

The Toyota OTP didn't have any of the above at all. It was rather simple.

I assume they want the sale and I want the vehicle. I have arrived at the dealer to discus all the points that I emailed through.

You say its a reputable dealer but all evidence leads to dodgy dealer. Walk away. It seems there might be damage to the car and they want to sell it to you and then claim it was sold as is later when you find out about the damage.

once again walk away.

 

[Willie Trombone]

Is voetstoets even a thing anymore?

 

[rvZA]

An OTP can not be amended, it is a binding agreement. What you can do is not to sign it, and approach the other party to negotiate the terms and then having it amended by getting both parties to agree with it. If I was caught in this position, I would simply walk away and go look for another vehicle elsewhere.

 

[epah]

Is voetstoets even a thing anymore?

Sounds like he is buying from an auction, but a dealer cant do as is because the CPA would come for them.

 

[Van87]

It's a reputable dealer (Subaru). Buying a brand new car. There is a delivery but it's for the registration of the vehicle. I am happy with that.

I don't believe it to be a standard OTP. It says the car will be sold as voetstoets, there may be minor damage due to assembly and demonstration purposes. The trade in vehicle may be subjected to a revaluation and the OTP could be cancelled or accepted. Doesn't mention that the buyer is allowed to walk away if the trade in value is reduced.

The Toyota OTP didn't have any of the above at all. It was rather simple.

I assume they want the sale and I want the vehicle. I have arrived at the dealer to discus all the points that I emailed through.

I just bought a Toyota Starlet. Now that you mention Toyota.
But if they have voetstoets, I'd walk away.
.what about service, maintenance and warranty plans.

They should never include those words if it includes all of that.

If that's the case, for sure you can find a suitable alternative to the Subaru.

 

[neoprema]

Sounds like they possibly used the OTP for a second-hand car?

I would ask them to check it out, and if they don't budge I'm sure a Mazda dealer around the corner would gladly help you into a CX-5.... #notpushingwhatidrivepromise

 

[wireddreams]

Tell them to voetsek!

 

[ToxicBunny]

Voetstoets on a new car? Yeah nope, not even close.

As for the trade in stuff, it's fair if they want to reevaluate and all that and have the right to cancel the deal but then you do an amendment and give yourself the right to do the same.

You are within your rights to amend the otp as much as they are up to the point that everything is signed and sealed.

 

[Georgios]

Thanks for all the comments. I won't be walking away. I will be discussing it with the dealer manager on Monday or Tuesday and to come to a mutual agreement. If not then I'll have to walk away. First prize is the Subaru Forester, if not then it will be the Rav 4.

The sales guy I deal with wasn't there today. Spoke with a colleague of his. He mentioned to just strike out the points in the OTP and to email that through. He mentioned it is an old OTP that covers both new and second hand vehicles and are aware that it is outdated.

So the contract mentions the vehicle is sold as voetstoets and then further down it says the car will be inspected of damages and problems before delivery. So it's a very confused OTP.

Wonder how many other buyers have just been signing these OTPs without reading the fine print?

 

[The_Traveller]

R1000 on OP starting a (complaint) thread in 3-6 months ...

 

[Georgios]

R1000 on OP starting a (complaint) thread in 3-6 months ...

A complaint regarding what?

 

[Georgios]

Just an update on this. The dealership has accepted the ammended conditions. Should be collecting on Wednesday. Thanks for the help.