Getting my deposit back on a private car sale

Lachandrasiri on 04/08/2013 - 01:57

Hello all,

Just put down a $200 deposit this morning on a car that I inspected the best I could with the limited knowledge I have about buying second hand cars. However, I couldn't shake the feeling that I missed something during the inspection and had a look again(after coming home) at the pictures in the advertisement and realized what I was stressing about. The front plate is dented, scratched and looks almost like it was crumpled!!

While the seller was very adamant about the car having never been in an accident (he had owned it since new), I'm now wondering how the plates would get damaged to that extent with out the car suffering any. Further inspection of the pictures revealed that the hood of the car is slightly out of alignment and the front bumper is ever so slightly protruding out where it joins the body on the left hand side(I noticed this during the inspection but didn't think much of it as the car is almost 10 years old and assumed a pin/screw holding it in may have come off)

I'm going to call him up tomorrow morning to pull out of the deal as I believe that he is deliberately trying to hide something and the trust is no longer there (who knows what else he might be hiding?!) . My plan is to confront him (nicely, of course) about the damaged front rego plate and see what he has to say.

I'd really appreciate if you girls/guys could give me some pointers on how to handle this situation. Do I have any legal grounds to demand the deposit back if things get sour? Apart from the time he spent with me while I inspected the car, I don't think he lost out on anything as the advertisement is still up on Carsales/Gumtree.

I do realize that its much better to lose $200 for a good lesson than to be stuck with a car that I wouldn't be able to sell.

I didn't get a receipt for the deposit either, which, in hind sight, must be one of the dumbest things I have ever done.

Thanks in advance.

P.S. I had already checked the VicRoads rego check and the PPSR before I organized the inspection and there was no mention of the car being written off. The rego/VIN details all matched the advertisement as well.

Automotive

Comments

  • Davo1111 on 04/08/2013 - 04:56
    +3
    • plates could be from a previous car
    • plate could have fallen off and run over
    • could have been kicked/knocked etc
  • Geewhizz on 04/08/2013 - 06:09

    I had a vehicle (with a tow bar) that was parallel parking reverse into our car (or rather the number plate) - bent the number plate quite a bit, but didn't touch the car itself.

  • Daabido on 04/08/2013 - 07:20
    +1

    It will come down to the attitude of the seller. Some people will say no problem and give you your money back. Some will say get stuffed and keep the money. And some will say you never gave them a deposit. Legally you could take him to a small claims court and try to recover the deposit, but that is a bit of a crap shoot.

    • fchis on 06/08/2013 - 19:49

      if you guys already sign a simple contract, there will be no turning back. The deposit will belong to the seller. In court, even a verbal agreement is sufficient enough for the seller to win the case. To be fair, you just want your money back without consequences but from a seller's perspective, it is unfair.

  • plmko on 04/08/2013 - 08:35

    Nothing you can do if he doesn't give you the cash back other than going to the courts. Of course going to court for $200…well that's for you to decide.

    • May4th on 04/08/2013 - 10:26

      there's no point going to court when there isn't even a receipt. and the deposit is for him to hold the car, doesn't say anything about the condition of sale so just ask him nicely and count it a blessing if he is willing to return you the deposit but frankly your chances aren't good

  • dp1 on 04/08/2013 - 08:52
    +3

    The deposit was so that the seller would keep the car for you and not sell it to someone else, his security that you wouldn't pull out of the deal. If you have pulled out (with good reason by the sounds of it) then he keeps your deposit, otherwise what's the point of the deposit?

  • mitcheo on 04/08/2013 - 10:53
    +1

    All you can do is ask for it back, if he doesn't give it, nothing you can do. (Depending on my mood id probably give you half, if it was more then 1 day i would keep it) In saying that i wouldn't be dishonest when selling you something.

  • stralya on 04/08/2013 - 12:26

    If the seller will let you, take the plates off with a screwdriver, and see if there is any corresponding damage on the bumper. But for a 10 year old car, it would have had it's fair share of knocks and accidents anyway. Get an NRMA / RACV inspection done (costs about $300, from memory) if you are unsure.

  • JediJan on 04/08/2013 - 13:56

    I personally don't think you will have much chance of getting your $200 back. You can only but ask, but I don't think he has any responsibility to refund your money, as that is the point of the deposit. No point in going with an attitude, but ask nicely and you simply never know. Certainly doesn't hurt. You should have insisted on a receipt too. I had a similar situation happen to me when a girl changed her mind about purchasing an old car from me, but I felt sorry for her and gave her the deposit back; her problem was raising the money (or so she said). Odd thing too was that she seemed offended when I did too?! Fortunately I did not turn another possible buyer away, so at least I did not lose anything by the experience, and it sold the following week, so I wasn't out of pocket. Advertising costs money too; perhaps suggest out of pocket expenses, some for his time, but go with the expectation that you won't get a refund if you have changed your mind on the vehicle. Selling or buying cars is not enjoyable for me! The seller may have turned other prospective buyers away, lost a sale even, so I guess you have to look at it in his eyes too. Next time ensure you take another person with you (another set of eyes), and perhaps insist that the deposit is dependent on the vehicle passing a satisfactory RACV check. I have had cars with mangled number plates and fortunately no damage to bumpers; can happen; I think those parking with tow bars may have caused the problems. Sometimes it is difficult to tell if a car has had any minor repairs, especially if parts were taken off and replaced. Most vehicles have experienced some form of damage, not necessarily obvious at first glance; my last vehicle seemed perfect until someone hit the rear bumper and I found out it was a replacement (different colour than original). Good luck; hope your story has a happy ending.

  • jason101 on 04/08/2013 - 14:46
    +1

    I think its kind of rude to ask for the deposit back. In our business we take deposits to hold product for clients until they return to collect - I get super annoyed when they turn up and demand their deposit back. If I were the seller I'd still be annoyed if you let me keep the deposit but still failed to complete the transaction/contract as agreed. In my mind you'd still be liable for the costs associated with finding another buyer and or any loss suffered by the seller if they had to accept a lesser overall price than you originally agreed to pay.

  • cpho on 04/08/2013 - 19:33

    Everyone here has already given their opinion on the plates etc, but regarding the deposit, you can get it back. Technically, there has been no contract formed, PLUS the seller didn't tell you about the damage to the car, so that itself is enough reason to get it back.
    Then again, if the guy is an ass, he won't give it back unless you're prepared to take legal action.
    But legally, you can get the deposit back.

    • May4th on 04/08/2013 - 23:20

      legally nothing happened. OP effectively could well have handed someone on the street 200 dollars from a legal perspective

    • fchis on 06/08/2013 - 19:56

      legally, the deposit can only be return if the seller lied about the history of the car otherwise there no way the OP can get his/her money back (even go to a court to settle this case). A verbal contract is just as good as a written one given the circustances.

  • altomic on 04/08/2013 - 20:18

    i took my car through the car wash and for whatever reason a screw holding the front number plate fell out. the number plate got whacked about durring the rest of the wash.no damage to the duco but the number plate was left a tad battered.

    back licence plate has a nice dint in it from some moron with a bull bar touch parking.

    so maybe "normal" wear and tear for a car/number plate?

    ask him what happened. "mate, i note in the photos that the number is a bit battered. what happened there?"

  • achandrasiri on 04/08/2013 - 20:23

    Thanks heaps all, it was a day full of back and forth.

    Called him in the morning to see if he had a fair explanation on why the plates are crumpled, but he didn't have one. He just said "I don't know, may be some one backed in to it", which didn't sound that confidence inspiring. Then asked a friend of mine who was more experienced in second hand car buying to have a look over the photos whit out telling him the whole numberplate story to see if a fresh pair of eyes would notice it, which he did straight away, including the mis-alinged panels.

    Ultimately decided that it wasn't for me because even if it was fine, I'd probably notice it all the time now that I know it's there. I really did like the car though.

    As for the deposit, he didn't agree to return it. Which probably is fair, even though it may be a little unethical. He did say that he turned down two potential buyers. Considering it as a $200 lesson learned and dodging a possible bullet when it was time for me to sell it.

    Having never had a RACV check done for me before, are they really able to find these things out? A fair knock that would have required some panel work? Can a repair be done so the safe performance of the vehicle(and/or be noticeable) at all?

    Again, thanks heaps for all the replies. Once again, OzB for the rescue.

    • kirasuran on 05/08/2013 - 15:20

      Next time, just google "car buying deposit contract" OR just write yourself up one: 2 sentences and done. Get seller to sign it when giving him a deposit. Or else, walk away.

    • JediJan on 08/08/2013 - 10:04

      Personally I think you have saved yourself some further angst by putting this all behind you. Finding all these problems so early on leads me to feel that the vehicle may quite likely have other problems that would end up costing you much more to put to rights. So, in the long run, I feel you have made the right choice to withdraw, even though you have lost $200. Perhaps walk away from this and think yourself lucky you got off the hook relatively lightly. Don't ever rush into buying a vehicle; no matter how good it sounds, and always take others (for their opinions) with you. There is always some reason the vehicle is being sold and many of the time it is for something not quite obvious. I don't think the RACV look for panel repairs so much as obvious mechanical problems, but at least it gives you some mention of what may be in need of attention, ie brakes, etc. Doesn't cover everything though. A ten year old vehicle, nine times out of ten, will have had some kind of panel damage, be due for some kind of mechanical repairs in the not too distant future. Trick is in finding out what these are, and this may take time too. Sooner you discover what the gremlins are about the sooner you could be getting them put to rights and getting some enjoyment out of the vehicle.

  • Medrad on 05/08/2013 - 13:53
    +1

    Let this be a lesson. The deposit is an official way of saying "SOLD"!!!

    The deposit given was for the guy to hold the car as yours until you hand over the rest of the money. As mentioned, this proved two other sales opportunities turned away for him.

    I feel for you, but next time, make a deposit only when 100% certain.

    • May4th on 05/08/2013 - 14:08
      +2

      i'm willing to bet he would have sold it anyway if someone else offered 500 on top of the agreed price

  • onlyletters on 06/08/2013 - 09:24
    +2

    Go there and ask for the deposit back because they did not disclose certain information about the vehicle.

    • Cheeper on 06/08/2013 - 12:09

      "misrepresented" the product for sale by stating that there was no previous accident damage when there was…

      • achandrasiri on 07/08/2013 - 01:03

        Only problem I have is that its his word against mine. Although I can clearly see the crumpled plates and misaligned panels, he insists that there had been no knock, ever. I don't see any other way to prove it short of getting a neutral mechanic to do an inspection. This may end up costing me more than the $200 that I may get back from him. Any other ways how it could be proven are more than welcome. Ideas?

        • Davo1111 on 07/08/2013 - 09:40
          +2

          waterboarding

  • clubhonda on 07/08/2013 - 20:45

    You've said that the car is about 10 years old. Realistically, how many cars have lasted 10 years without even getting into a tiny accident? A bit of perspective needs to be in order here I think. If you're looking to buy a pristine Concours Pebble Beach show car or a 1-2 year old car, expecting it to be completely accident-free is reasonable. For a 10 year old daily driver, are you really expecting it to be completely accident-free?

  • bluemelb on 07/08/2014 - 18:42

    Hi all, apologies for bringing an old thread up. I am currently in a similar situation as OP. I have paid a deposit however no longer want the car due to the seller lying to me and trust issues with the car being in order. The deal was the car will come with an air intake that was already fitted at the time of the inspection and signing of the contract. A few days later he calls and says he is at the mechanic and in order to get road worthy, he would have to remove the part and It will not be given to me as he was giving it to the mechanic. I was quite shocked and after a discussion with my brother, we had decided we would no longer want the vehicle. We speak again and he now says he will give us the part, which we were not happy with, as he was sounding very suspicious. Later on wen we tried to negotiate a refund of our deposit, we had agreed to pay his RWC as a gesture if we were to receive the deposit back. The seller and his brother both admit they intended to keep the part and well it for 500-1k when we were discussing the deposit. I have all of the calls recorded and was wondering my grounds of being able to get my deposit back due to the problem stating above.

    Would greatly appreciate any advice.

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