Rally Subaru Devonian Motors Honest Misunderstanding Turns Bait and Switch Edmonton, Alberta

On Saturday, November 20, 2010, I signed an Offer to Purchase on a new 2011 Subaru Forester. I negotiated an all-inclusive deal that was to include all taxes and fees. This was done for the purpose of working off one single number for the final total so that I would know exactly what I would be financing. This is how the Offer was discussed, and how it was written up. The spot for the GST was left empty, since it was included in the total price. Unfortunately, it wasn't specifically stated that it was included, but at the same time, it wasn't specifically stated that it would be added later. As a result, I have a copy of an Offer to Purchase that adds up to a specific dollar amount. I made a $1000 partial payment, which is noted on this document.

On Wednesday, November 20, 2010, I went in to pick up the vehicle and sign the documents for the financing. At that time, I was presented with a new Offer to Purchase that had been prepared for me. This one took all the numbers from the first one, that had included tax, but then added GST on top of that a second time. There were some other discrepancies as well (like increasing the rate and trying to overcharge for a government stipulated air conditioning levy, and failing to note that I made the $1000 partial payment) but the additional 5% markup for double taxing was by far the biggest issue. I realized at that time that the way our my first Offer to Purchase was written up, it could potentially be interpreted either way. Even though there is nothing explicitly saying that the GST was included, there is also nothing explicitly stating that GST will be added later. There is, however, numerous notations that clarify that the numbers on the Offer are final, and everything promised is in writing, which clearly shows no additional GST to be added.

As a result, it seemed like we had a misunderstanding of what the deal was. I could see the dealer's opinion of what the Offer meant, and that GST is always something that is added after the fact. I tried to reason with them, and come to some type of middle ground. I offered to meet them halfway, and they refused. I offered to renegotiated the deal in a way that we both weren't losing out the money we thought we had worked into the deal, and they refused. I offered to change the method of payment for the vehicle, which would help offset my extra costs, if they were willing to cover the rest, but they refused. Basically, they refused to even admit that this was an issue, refused to consider my position as being reasonable in any way, and refused to budge at all.

In the end, there are two pieces of paper - one that I signed with one set of numbers on it, and another that I never signed with a different set of numbers on it. They are trying to hold me to the terms of the paper that I didn't sign, saying that is how the other paper should be interpreted.

On Saturday, November 27, 2010, after days of trying to come to a compromise, I decided to withdraw my Offer to Purchase. I made this withdrawal in writing, and requested a refund of my partial payment. The dealer, however, refused to give back my money, claiming that we had a deal, and I am responsible for taking the car under the terms of the second Offer letter, the one which I never signed.

On Monday, November 29, 2010, I returned to the dealership to speak with the General Manager. He was very antagonistic, blamed me for the entire situation, and effectively told me that they have my signature on a piece of paper, and that means that he is keeping my partial payment. They have yet to return any money.