Purchased Car, Deposit down, Reciept with Terms Signed. Waiting for RWC. He Changed His Mind

Deliver My Food on 14/10/2021 - 20:06
Last edited 14/10/2021 - 21:35 by 1 other user

Anyone in legals in here?

Saw a car at the side of the road. Called the owner and we did a deal (Agreed by both parties) $2500 Deposit paid. Deposit receipt signed by both including Names, Address, Car details and VIN number. Specifically include RWC & tank of gas and left over amount due and time frame for handover. Next day I assisted him to get a RWC and the power steering rack is leaking, tail light and CV boots

Had another meeting and all good to go so full payment in hand (Cost me a bit of cash just to access the funds). Next day got a txt and changed mind wants plus $2500

I said deal is done and commitment is complete and he got aggressive. Wants to give back deposit if I sign docs that releases him, I said no, I'll likely chase the car.

That's where we are now. He has deposit and car. I have Receipt

I want the vehicle not the refund. Not sure if this is small claims or something else. He has sold the vehicle under market and doubt he is aware, HOWEVER he has parked it on road for a while without a hit. At least a few $1000 in my favour.

Automotive

Comments

  • oscargamer on 14/10/2021 - 20:16
    +25

    You are not going to get what you want from this guy.

    Take your money back and find another car.

  • Jimothy Wongingtons on 14/10/2021 - 20:19
    +3

    Dick move on sellers part.

    You could text him back and say it’s a legally binding agreement as he’s accepted deposit and that you’re fully prepared to go through with legal proceedings.

    Then maybe follow up with a letter of demand ?

    I prob would just accept the deposit back, paid in CASH, counted on the spot. There’s no telling what kinda crazy shenanigans seller may get up to in revenge if you force the issue.

    • oscargamer on 14/10/2021 - 20:27

      Yes dick move

      OP is not going to do anything. Simply here to vent - and rightly so.

  • El cheepo on 14/10/2021 - 20:29
    +4

    If you can get your full money back in cash, You would be wise to take it, count it and leave.

    Are your prepared to fight an ugly and unpredictable battle and risk losing more money then you thought you were saving?

    People suck, but there are other cars out there.

    The risk/ hassle of pursuing it further seems more trouble then just calling it quits… but thats just me, a stranger on the internets opinion 🤷🏽‍♂️

  • highon2str on 14/10/2021 - 21:05

    It's usually best to let the seller organise and wear the cost of the RWC. In this case, might be best to cut your losses and get your money back. The RWC and repairs are a lost cause, I would not count on the seller reimbursing you for it. You'd have lost the $500 for the RWC & repairs, but it's the lesser of the evils, compared with legal action and ending up with the possibility of him handing over a trashed car.

  • elgrande on 14/10/2021 - 21:09

    He has sold the vehicle under market 

    No he hasn't.

    • Heaps for Cheaps on 15/10/2021 - 06:37

      OP said he has… "He has sold the vehicle under market "

      • pegaxs on 15/10/2021 - 10:16
        +1

        Yeah, but what is market value? Anywhere between bottom trade in price to highest retail price. This can often be plus or minus thousands of dollars either way.

        Something is only worth what someone is willing to pay for it.

  • Bargainitis on 14/10/2021 - 21:24

    Unfortunately, unlikely a property sale or an asset sale where there is a legal binding document sitting behind it with signature and witnesses, you're legal options are limited.

    My suggestions are this:

    1) If I read your post right, he wants another $2500. You say you think you're ahead a few thousand at the agreed price so I guess that largely nets out. Call him up and see if you can work him back a little. Would an extra $1000 or 1500 (instead of $2500) still put it as a good deal? if so, worth considering. I know this is business done with bad faith but you also need to understand its currently a sellers market for used cars so if you think its still a good deal with a little extra, don't let this ruin the deal.

    2) If you rather not do 1) then just get your money back in most orderly fashion as possible. Maybe ask him to cover the RWC costs for your trouble. Its definitely annoying but being aggressive with him and trying to go legal route will be hard and time consuming. It will likely fall under small claims court (under $20K) or general division court ($20K-$100K) but serving a notice will cost $, etc. The court can also be compassionate to the seller. His situation could have changed overnight rendering him in need of a vehicle, he could claim he did the deal whilst intoxicated, etc.

    Also, while you chase him, he will still be in possession of the car. Assuming odometer runs up, repairs, rego, depreciation. If this drags 12 months, technically the price needs to reflect it too. How do you expect to negotiate that adjustment?

    Similar to selling a property, the vendor has the upper hand. If he choose not to proceed with the sale, its actually quite hard to oblige the seller to sell. There is sometimes a penalty cost for the vendor if they pull out but its insubstantial in relative sense.

    Good luck.

  • iNeed2Pee on 14/10/2021 - 21:40
    +2

    This is where the legit bikies comment is needed.

    Bikies.

  • JDMcarfan on 14/10/2021 - 22:04
    +1

    I would echo the others who just say to go get your money back.
    Idiots like that aren't worth your time, cut your losses and move on.
    I would seek a reimbursement of RWC and related costs (just round up the deposit to a round figure) because they've wasted your time and money (literally).

    If you want to give them a taste of his/her own medicine then agree to a deposit refund and collect the cash (don't agree to sign anything).
    Then ask for another $500 for you to sign a document to that acknowledges them refunding the deposit, otherwise act as if they didn't give anything back and you are following up on the purchase.
    Ofc you're not going to follow it up but hopefully you can get something for them wasting your time or otherwise let them s**t their pants a little.

  • pegaxs on 14/10/2021 - 23:07
    +3

    And this, people, is why I don’t give nor take deposits for motor vehicles…

    You don’t have a leg to stand on. It’s not a contract, it’s an agreement. He is offering a full refund, you are not getting the car and you are not entitled to anything more than your deposit back, let alone “a few thousand in your favour” (unless of course you paid for the RWC or repair items outside on the contracted price.)

    Either make a counter offer or take your deposit back. Then, after you have your deposit back, call the guy an idiot and tell him to jam his car up his clack hole.

    • sween64 on 14/10/2021 - 23:36
      +2

      Then, after you have your deposit back, call the guy an idiot and tell him to jam his car up his clack hole.

      Best advice in this thread.

  • Euphemistic on 15/10/2021 - 09:09

    Am I missing something? You paid a deposit and something for RWC repairs but he didn’t pay for RWC repairs? So now he has a roadworthy car and your deposit?

    You tried to scam him by paying a few thousand under market rates and now you are getting scammed? Keep telling the story, I’ve got popcorn on.

    • Shroomlet on 16/10/2021 - 17:46

      Wow, when you put it that way, pretty crazy eh?

      It's unethical, but a good way to get someone else to fix your car

  • Deliver My Food on 15/10/2021 - 18:21
    -4

    Everything worked out. Deposit returned & Bikie will take care of the car in a few days.
    Council issued a $500 plus fine for parking an advertised car in public space without a displayed RWC doc. Not sure where they got that info.;
    Everyone that matters is happy!!!

    Thanks for feedback guys.. Except the last dude, read again. Enjoy your popcorn!!!

    • Euphemistic on 15/10/2021 - 20:22
      +2

      It didn’t work out. You wanted the car and didn’t get it.

      • Shroomlet on 16/10/2021 - 18:04

        I'm happy that you managed to get your money back. Everything else about seeking recompense (bikies, involving council) is excessive.

        You got screwed over by the seller not honouring your social contract. You got your deposit back which was a win, but lost out on getting the funds back for the roadworthy. Question, why did you offer to pay for RWC? Is it a negotiating tactic? Is so, I'm saddened to read it didn't work out for you (you did advise you were potentially getting the vehicle cheaper than what other people were selling for).

        I'm just a dude on the internet, I'm sorry you didn't get the car, but you got your deposit back and took a risk with the roadworthy and it didn't pay out.

    • pegaxs on 17/10/2021 - 12:38
      +2

      Council issued a $500 plus fine for parking an advertised car in public space without a displayed RWC doc

      Hahahah… No they didn't. So much bullshit. Please point me to the specific legislation that covers that load of tripe.

      You are just salty that you tried to get an absolute steal and when you were caught out, the buyer backed out realizing they were being ripped off. You wanted to see if you could punish them for not letting you rip them off.

      Now you are hinting/talking about damaging the guys property all because you are butt hurt. I retract what I said above. The buyer should hand you your money back and tell you to shove your money up your clacker…

      • CMH on 18/10/2021 - 13:37

        The guy wants to fantasize about it, let him get his rocks off….

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