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Hi, I ordered a carnival sx back at the end of July and it's November now and need a new minivan for the family. Can I legally cancel my factory order with kia in Ontario? I've found a car I like available right now, and need to back out of this agreement as soon as possible. There is no deposit taken, but they do have my credit card on file. I've read a few posts online saying they have to deliver it within 90 days, is that true?

Thank you for your help in advance.
 

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If you do not have the VIN yet. you can ask them to cancel your factory order. I paid $500 to place my factory order from a dealership in early July, I did not hear anything from the dealership by now, but the Model Y I ordered in September is almost here. I'm very disappointed with KIA.
 

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All factory orders can be cancelled. If the VIN is not assigned you get a full refund. If the VIN is assigned, then you lose your deposit. It sounds like the OP did not place a deposit and is free to cancel.

To be clear though, it is unlikely the factory ever took your order. Many dealers are just using this as a waiting list for selling new arrivals. If one matches your trim/color, they'll call you and say "your order has arrived" lol.
 

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All factory orders can be cancelled. If the VIN is not assigned you get a full refund. If the VIN is assigned, then you lose your deposit. It sounds like the OP did not place a deposit and is free to cancel.

To be clear though, it is unlikely the factory ever took your order. Many dealers are just using this as a waiting list for selling new arrivals. If one matches your trim/color, they'll call you and say "your order has arrived" lol.
That’s right.
 

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Omvic covers cancelling an agreement for regular sales but not specifically for Factory orders.


"Please review the entire contract, including all attached statements, before signing. This contract is final and binding once you have signed it unless the motor vehicle dealer has failed to comply with certain legal obligations. "


You didn't give a deposit but did provide a credit card so they might have hit that for a secured hold of the deposit amount, I'd check with your credit card company first. If they didn't, then go in and tell them you can no longer wait and see what they can do. I'm sure they don't want the bad press so I'd gently suggest that you have a following online and you'd be happy to tell everyone how wonderful they have been. I would probably not tell them that you intend to purchase elsewhere, just that you've decided to wait until there are more options, the carnival has proved itself, the newer AWD or Hybrids are available, what ever makes it work.

Good luck. Remember, leave the emotion at the door, if you start demanding things or yelling and screaming they probably won't work with you.
In the immortal words of Patrick Swazye in Road House "Be Nice" :) (lol)
 

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Thank you everyone, I was also hoping I could get some feedback from anyone in Ontario, Canada as our laws might be different.
In the US, unless expressly written otherwise, deposits are contracts with intent to purchase and contingent on the seller providing the goods or services to fulfill their obligation. What that practically means is that if the dealership sells your vehicle with assigned VIN to another party prior to you defaulting on your purchase obligation, they have defaulted on their obligations and they must refund your deposit. Of course, less reputable dealerships may require adjudication before processing a refund. If you use a credit card to place your deposit you may (likely) have additional protections. Good luck!
 
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