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Thread: Maybe some advice

  1. #1
    davidjanssen's Avatar
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    Default Maybe some advice

    Gday guys

    Before my VT Commodore i owned a 82 Gemini for 8 months ( i bought it in August/October last year) And had rego and RWC pass for the car, and when i went to sell it, it had rust thru the boot and i couldnt get it road worthy. So obviously the guy who sold it to me got a dodgy road worthy thru a mate.

    I sold it to a guy about a month ago, without road worthy and kept the rego in my name and had a contract giving him full responsibility of everything for a certain period so he could get it all up to standard then i would transfer into his name. I told him there was rust in the boot and the problems with the car, i didnt want to spend any money on the car thats why i dropped the price. He agreed and signed the contract and his dad. So there was a witness. Now a couple weeks later, he has called me saying the mechanic has found more rust and would cost a bit to get it fixed and should just scap it, and wants his money back. He said that i knew all of this, but i didnt and just said i only had it for 8 months and thort was good and that the guy who sold it to me obviously did a dodgy thats why there was rust in the boot (which i showed him).

    I would of given his money back and taken the car if i said to him the car was perfect, but i didnt i told him everything and he agreed to buy it.

    Only reason im being tight with money is because i have had to move in with a friend and pay rent, because my nan needed somewhere to live so i said my room.

    Would i go to a small claims court or something like that?

    Cheers
    "Only milk and juice come in 2lt"

  2. #2
    1991_Vn2nV's Avatar
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    Explain to him you won't give him his money back.

    Its really up to him to make a move, but either way as you told him everything you knew then you don't have much to worry about imo. Few people take it to court.

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    davidjanssen's Avatar
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    yeah thats what i told him, i said to him i cant give his money back. But he keeps saying we should sort something out. But i dunno how else to say i cant haha....
    "Only milk and juice come in 2lt"

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    ahha yeah i know, im about to be pushed to that level.. but im a calm guy.. I just told him the sale wont be taken back. Just dont like his attitude, he gets really angry at everything, its like calming a parana haha... So i hope he doesnt come around to my house or anything like that with anything else but the plates... (etc rock thru my window)
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    Cancel the rego so no fines or anything can be racked up. **** him
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    davidjanssen's Avatar
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    I have a contract any way, so if he does any of that, its all on him lol.. so he would be an idiot if he did it....
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    Don't cancel the plates. I think you have done the right thing. He bought a car that he knew had issues, you were open about that. I wouldn't worry about it. If he comes around to your house don't invite him in. Speak to him out on the road, reiterate that you sold the car in "as is" condition and there is nothing else to discuss and then return inside.

    Remember the rego number and write it down (don't let him see that bit). If he becomes violent then call the police. Best of luck.

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    lol just let him know it sucks to be him
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    Its an ancient car, and you told him what you knew about it.
    Thats stupid, its up to him to suss out the car for himself anyway.
    How much did you sell it for by the way? My guess is not much so he would be stupid to take it any further

  11. #11
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    You don't have a contract unless it notarised. If it isn't a proper drawn up contract by a solicitor it means nothing. This isn't the USA where something written on a napkin will hold up in court. Fill in the details on the certificate of rego and tear the bottom off and hand it in. Did you give the guy a receipt? The receipt just needs to state the usual details and the conditions of the sale, probably similar to your "contract". You would have the white slip for the RWC rejection? That is all he needs if he bought the car "as is".
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    yeah its more of a receipt,but has just states its his car now, i made 3 copies him, his dad and I signed it. I think he is finally getting the message he has bought it "as is" and cant do much about it. I sold it to him for 1500, which included brand new pedders suspension, brand new brake setup, new exhaust set up. I also left the 300 momo steering wheel on for him. I was selling it for 2500, but couldnt get road worthy, so i dropped 1000 off it to buy as is cause i didnt want to spend another cent... but should be okay just sick of him
    "Only milk and juice come in 2lt"

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    there's no warranty on a second hand car as soon as it leaves the sellers driveway.

    It's a case of buyer beware.

    Iv'e been so close to spending 20k+ on old mazdas but restrained and had them checked out first only to find some major problems. the 200 spent on getting the car looked at far outweighed the cost of fixing the problems.

    Basically, you don't have to give the money back. It's his fault for not thoroughly checking the car

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    Quote Originally Posted by Not_An_Abba_Fan View Post
    You don't have a contract unless it notarised. If it isn't a proper drawn up contract by a solicitor it means nothing. This isn't the USA where something written on a napkin will hold up in court. Fill in the details on the certificate of rego and tear the bottom off and hand it in. Did you give the guy a receipt? The receipt just needs to state the usual details and the conditions of the sale, probably similar to your "contract". You would have the white slip for the RWC rejection? That is all he needs if he bought the car "as is".
    This is too true, I supose you did get something signed but not enough to hold up legaly. If u don't want him around as soon as he steps on your property he is tresspassing and tell him so, your other option is to give him the money and get the car back and sell it for parts? surley he does not expect his money back without returning the car? I would possibly give the police a call for some friendly advice, there is nothing they will do at this stage but if something bad does happen there will be a reccord of your call you can use in court if need be. The fact is as soon as the money passed and the car left your house it was this other persons, you dont have to talk to this guy at all!!
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    Cancel your registration immediately. Selling a registered vehicle without a RWC is a no-no. It means the seller doesn't have to transfer the rego in 14 days, although they can.

    You are allowed to sell a car without RWC but Reg (I know because I bought one like that) and make it the buyers obligation to get the RWC.

    He may just not transfer the rego and drive around in "your" car now. I say cancel immediately.
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    cheers guys, i had a word with him and now accepts that he bought it as is, im canceling all the rego on monday and he is going to wreck it.. Cheers for the help guys...
    This was the car.. and i sold it without rims and stuff.. looks good from the out side.. but i guess under and inside is really what counts... so glad this thing is gone
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    Its A little late but when selling cars you always write on the receipt " SOLD AS IS WITH ALL FAULTS IF ANY" That way it covers you and they have no come back.. Not worth much but thats my 2 Cents worth..
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