Need an Advice - Selling a car..
Hey guys,
Ive recently sold a car last week, the guy who placed an deposit is a real biggest pain in the arse, I said on for sale ad - RWC will be done after deposit is made, before he placed deposit he said why i didn't do it blah blah... (reason is that I dont know how quickly it'll sell for) so he paid $500 deposit, new windscreen fitted, new brakes etc later, now currently the car is in final RWC inspection - will pass on Monday - hopefully lol!...
Tonight he asked why I'm taking so long - its because of work that we're busy, plus mechanic's availability and latest stuff up was the brake routers was too thin so had to replace it.... He threaten me tonight that he wanted his deposit back and was gonna send a mate over to pick up his deposit. I settled him down that the car will be ready by Wednesday since he is away interstate till Tuesday evening.
Now, when he placed deposit - he didn't drive test the car, I offered him to - he declined - goes yeah the car sounds really good and running well as he listened, (its done 343,000 kms and sold for 5500 bucks) and he goes "kms does not match condition" - no wonder why its a old mans country car.
Anyway - since he is a pain in the arse - if he picks up the car on Wednesday and turns around complaining to us that its stuffed and wasn't expecting what he was looking for.... if he comes back and demands his money back (i can image his attitude as hes a bit rough looking - wife said "hes a druggie") is that right I'm suppose to pay it back or what? or once payment is made - that is it? Its a private sale - all cash paid for, receipts written up etc. Only one small problem is the manual transmission is slightly noisy but smooth changing etc which is what I'm concerned about since he hasn't test driven it. Apart from that it drives really well.
Cheers
AP
Donati..Whoa Green
JUst make sure the receipt says "AS IS", that was as long as the roadworthy is legit he can't really turn around and demand money back.
-Democracy must be something more than two wolves and a sheep voting on what to have for dinner.
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Your freedom ends where mine begins
If he's only put a deposit down, then he can still say he wants it back. In private sales, unless you have a written contract saying that the deposit was taken so the car is put through RWC and is not refundable, blah blah blah I din't think there is any legal reason he can't say he's not happy with the car and take the deposit back.
However, once the transfer papers are signed anyou he's handed the money over to you, then the deal is done and there is no give backies.
Though I would probaby just put together a declaration saying that the buyer did not want to test drive the vehicle even though you recommended he did and its not your fault that if he drives 2km down the road and decides he doesn't like something.
Make him sign it.
Though that's my opinion.
I had a similar issue when I sold my VX. The kid bought it, did a RACV inspection, etc. Then a few months later I got an email saying how he took it to pedders and they said that like 1k worth of stuff had to be repaired.
Other than this was dodgey on his end since the car was IMMAG when he took it, the fact of the mater is that in a private sale the warranty is the end of your driveway.
ANd if you think this character will cause you issues, then just ring him, tell him that he can pick up his deposit because it's not worth the trouble.
what about - if he comes and says "i want to test drive" and changes his mind - what happens to his deposit?
he mucked me around for new brakes, windscreen, RWC and my time etc.. I didnt write "non-refundable" which I should have, is he entitled to get his refund or 50/50 refund or I get to keep it? he hasnt been abusive but very pushy..
Cheers
AP
Nil Bastardo Carborundum
Well, you committed yourself to providing an RWC once the deposit was put down. That means you committed yourself to ensuring the car was roadworthy, so you have to cop that on the chin if he decides the deal is off. That should mean, though, that the car is in better condition than it was when you first advertised it and should be easier to sell. Perhaps you can re-advertise at a higher price to cover some of your costs?
Legally, you would be better off getting professional advice because there are plenty of two-bob lawyers on this site and you will get a lot of differing opinions about having to return the deposit.
Mucca Mad Boys
This is what ive been told, i wasnt told by a lawyer or anyone so for all i know it could just be an opinion, anyway i was told that the deposit is like a binding contract, saying that he/she is commited to buying the car, and once you have the deposit it pretty much means the car is their's and you need to do all the usual things, take wheels off it rwc etc. If the buyer then turns around and says no i dont want it, i was TOLD that you get to keep the car and deposit, but you can't sell it to someone else while it has a deposit on it.
I dont know how true any of that is, your better off just ringing the right people as calaber said
sounds like a mass wanker, if he does decide to take it,take a dump in the heater box before you give the keys over.
Make the stupid stop!
Yes, there is the answer. Lower yourself to the same level!Originally Posted by strawbry dack
Seriously..........
Donating Member
well that was helpful...
To the OP im with skid bro i am no lawyer (obviously) but i have heard the same. Contact someone who knows what they are talking about.
Also on the car, Was it mentioned when advertised that the gearbox is noisy?
sounds like you're being a pain in the arse as well
if i'd put a deposit on a car last week and the seller couldn't get a rwc for more than a week and was saying he might have it on monday
i'd be getting pretty pissed off and would be asking for my deposit back as well.
Mucca Mad Boys
Really? there is no point getting a rwc before a deposit becuase it could expire before a potiental buyer, most rwc inspectors are booked out atleast 3-4 days so that is pretty much work, not to mention other commitments, i know if your selling your car you should expect this but seriously?
Tells it like it is.
Get a legit RWC and take his money. You offered a test drive and he declined then it's on him.
I have kept several deposits before where idiots didn't show to pickup the car. It's normal practice to get the RWC once the car has sold. Thats how car yards do it too.
Reaper
so nearly 2 weeks to get a roadworthy is ok?
why not fix the obvious RWC items before offering it for sale so that it wouldn't take as long?
i know i would find it unacceptable and would be putting pressure on him to come up with the goods or refund my deposit
i have no idea what the laws are in other states but in QLD it is against the law to attempt to sell a registered car without first obtaining a RWC first
Sold the car, guy came pick it up and send an text me - saying sorry for being a pain in the arse... Hmm anyway the main thing ive sold it and pass it on to next owner.
Cheers
AP
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