(VIC) Bought a Car from Dealer – Found Financial Interest on PPSR – Asking for Advice

Hi everyone,

I recently bought 4 year old car with less than 100kms from a licensed dealer in Melbourne. It's a big dealership so I didn't buy a PPSR. Paid money and pick up the car on Friday. Today, I login to Vicroads and run Vehicle report to check if car is registered under my name or not and found that the car has a financial interest recorded against it. Not sure how much money it owning.

From what I understand, under Australian Consumer Law and the Motor Car Traders Act in Victoria, the dealer must guarantee clear title (no money owing) when selling a used car.

Because of this issue, and the loss of trust with the dealer, I want to know what is my right and can I ask for a full refund.

Has anyone been through something similar?

What should I do if they refuse to refund me on the spot?

Should I involve Consumer Affairs Victoria straight away if they argue?

Thanks in advance for any advice.

Cheers,

Comments

  • +9

    Manufacturer dealer or Bob's discount cars dealer?

    It may not have been long enough for the details to update yet if you only bought it on Friday.

    • Manufacturer dealer but for a different brand.

      • +2

        Well contact them tomorrow and get it sorted out. It might not even be their fault but not processed for some reason. You're definitely not getting a refund for a bureaucratic niggle.

        • -2

          "under Australian Consumer Law and the Motor Car Traders Act in Victoria, the dealer must guarantee clear title (no money owing) when selling a used car."

          The fix is for the dealer to either take the car back (i.e.not sell it to OP) or pay out the money owing..

          • @Dr Phil:

            To show the car has no money owing on it and is not stolen, you may use a 'certificate of clear title' from the Personal Properties Securities Register.

            May. They don’t have to. They may. It could also be a hand written & signed piece of paper.

            They still have to provide a guarantee of clear title and should rectify any error or oversight.

            OPs not getting refund if it’s a paperwork issue.

            Different story if the car actually doesn’t have a clear title and owed to someone else of course.

  • +8

    I wouldn’t stress out too much.

    You have purchased from an lmct, so you will be protected worse case scenario.

    However the likely scenario is that they have recently purchased it themselves and the paperwork hasn’t caught up with everything.

    Give them a call on Monday to check what the go is.

    You have no chance of getting your money back, and they will not entertain it.

    Enjoy your new ride!

    • -1

      They have a the car for more than a month. I dont think PPSR take that long to have title clear?

      • -1

        You need to call up whoever has the interest and confirm its been closed out.

        I had an issue with my car the owner paid it off, it took the financier and PPSR several weeks to update.

        I called the financier and confirmed it had been paid off.

      • -2

        Correct !

        And the financial interest may well have occured when the previous owner purchased the car.

  • +22

    What should I do if they refuse to refund me on the spot?
    Should I involve Consumer Affairs Victoria straight away if they argue?

    What's wrong with getting the dealer to sort out the issue? Starting to looking like buyer's remorse.

      • -3

        "They advised that car has cleared title."

        Well thats how the car should be sold and they know that.
        They have a legal obligation to sort it out.

        As others have stated, someone in the office who organised the purchase of this vehicle has stuffed up.

        Not your problem.

        Just get back to them and let them sort everything out BEFORE you accept title on the vehicle.

  • +3

    Firstly, talk to the dealer. Dont go jumping straight to asking for a full refund. You bought the car, so you obviously think its OK to drive.

    If the dealer gives you no joy you need to then contact the PPSR mob and ask what is going on. Its probably just a paperwork screwup as a dealer should have clear title to the vehicle.

    • -7

      Once i lost trust with any dealer, i dont like to works with them ever again. It’s OK if i keeps the car, but I want to know my right of refund incase they are not doing anything. The dealer has owned the car since February, do you think it take they that long to has PPSR updated especially Security interest records?

      • +4

        Chill bro. Its not that bad. You own the car. The PPSR is a mistake and itll get fixed.

        Sure, dont trust the dealer and never go back, but enjoy the car.

  • +4

    Why not follow the process to have the record updated or amended?

    https://www.ppsr.gov.au/managing-and-maintaining/dispute-pps…

    • +3

      isn’t it the dealer job to make sure it’s accurate before they sell the car?

        • +1

          https://www.consumer.vic.gov.au/licensing-and-registration/m…

          also Guarantee of clear title

          Licensed motor car traders (LMCTs) must, by law, provide buyers of used cars with a guarantee of clear title. This is a written notice that ensures the buyer has not purchased a stolen car or one with money owing on it.

          To show the car has no money owing on it and is not stolen, you may use a 'certificate of clear title' from the Personal Properties Securities Register.

          Penalties apply if you do not provide a guarantee of clear title for a used car.

  • +3

    Just call them. Sometimes it takes a pittle while for the encumbrance to come off. I had a similar issue, let them know, and it was sorted in a few days. Not worth getting stressed over.

    You are making a mountain out of a molehill.

    • -4

      they should not sell the car if title isn’t cleared though. Anyway, I would keeps the car and just log a complaint.

      • +2

        They possible have, and registry site hasn't sorted it out.

        Of course you are keeping the car, you have no choice.

        and just log a complaint.

        Great idea, rather than sort it out with a 30 second phone call, make your life harder than it has to be.

        • -6

          I called them before i pick up the car and asked that everything is good. They have already confirmed until now. Would I trust them again you said?

          • +12

            @[Deactivated]: Geezbus talk about storm in a teacup.
            Do you also lose all trust in your partner if they forgot to flush the toilet once?

          • +4

            @[Deactivated]: FFS calm your farm dude. It will be all fine.

          • +9

            @[Deactivated]: You don't seem to be listening. They may have sorted it on their end. The registry may have stuffed up. Call them and get it sorted. There is no trust involved, you are making this ridiculous. Notice how I said I had the same issue. I didn't cry about it, didn't make a forum post. Picked up the phone and sorted it out

  • +2

    No chance of a refund. They will just fix up the PPSR issue and tell you to be on your way. It could just be a delay in getting the security interest cleared from the car. After you paid for the car they have most likely paid the security interest and it’s just not yet updated.

      • +5

        Calm down. Its not that bad. No need to go all maren on them for a mistake.

      • How is it false advertising?

        You don't even have the car yet.

        Likely they will give you the certificate when you pick the thing up.

  • +16

    I would probably just shoot first and ask questions later, this sounds like a conspiracy that goes all the way up to the prime minister, i can't prove it but i am fairly sure Michelle Obama has something to do with this aswell, goodluck and godspeed.

      • +8

        You got lots of advice (scroll up), but you chose to disagree with it!

        • -2

          I already edit the post, and say Thanks for all advice. Not sure why mod revision it back

  • they could have even "sold it to themselves", so under a loan for their business/tax purposes. Should probably sort out easily as per previous replies.

    • The security interest show it’s own by previous owners financial company. If it’s their company, i would be worried.

      • you can contact that company yourself and get the details.

      • You sound very worried already.

  • +11

    Definitely do these things in this order

    1. Panic
    2. Escalate
    3. Go to 1
    • +16
      1. Crack the poops. Deactivate account.
      • +2

        Good riddance imo.

      • Crack the poops. Deactivate account.

        Sounds like a job for "muppet detector"!

  • If only they'd purchased from Amazon..would have got at least another day out of the account…

  • +10

    I just read a post by a new user who was losing their shit over a minor insignificant issue.

    I went to leave a comment but they deactivated their account.

    How can i sue them?

    • Replying before you deactivate your account.

  • +3

    Just got enough popcorn and OP already sheet himself.

  • +3

    Are you taking finance on the car or did you pay cash/personal loan?

    Maybe the financial interest is you?

    • +1

      Ha. This would be (profanity) hilarious if true.

      Based on OP’s replies, I’d guess they took finance because they seem like they’re a few cents short of the dollar IYKWIM.

      • I reckon they are at $1.98.

        I was going to offer my 2 cents worth, but that would have been enough for them to afford a PPSR (after the fact).

  • -2

    Escalate immediately - I'm not kidding.
    Ignore the advice of idiots saying "dont panic".
    File complaints right now with with the regulatory body, email the dealer and call them, and get whatever info you can about the interest recorded against it.
    If you muck around with weak phone calls and tell yourself "it will all be okay" you are simply at a greater risk of losing money.
    Don't muck around with this stuff mate.

    • +2

      /s please!!!

  • I bought a car a few years ago not knowing it had money still owing it. 3 years later when I went to trade it in at a different dealership things got ugly. It took weeks to sort the thing out. Don't get caught out, sort the title out now with the dealer.

    • Was that a private or dealer purchase?

  • +5

    Lol OP is gone.

  • +4

    Not something I ever thought I’d say in my lifetime but far out I actually feel sorry for the car dealer on the other end of OP’s story.

    • +1

      I feel sorry for OP's husband/wife.

  • You’ll be surprised to know that vicroads still shows one of my mates car as stolen, he bought from a renowned dealer about 8 months back and vicroads did jack all to update its status.

  • +3

    Imagine creating a new account to ask a question, and then getting your feelings hurt so hard that you delete your burner account over the responses.

  • Tell them, they sort it out.

    Not sure why you need a refund for?

  • +3

    Account deactivated? Love it…

  • Such a great discussion! It often takes time for a financier to discharge the ppsr. It doesn’t take long to action, but sometimes things get missed. Its an easy call to the dealer to get it fixed or even a quick call to customer service of the financier and ask them what’s going on. This is a non-issue, if the dealer didnt fix then the law would side with the buyer for a full refund for breach of the sales agreement.

  • +1

    What sale contract did the dealer provide you?

    It will have some reference to clear title obligations in there.

  • More like a buyer remorse. If you really want to settle the issue speak to the dealer.

  • +1

    OP obviously has buyers regret and thinks he could get a refund because of a minor error.

    They've done a runner from their post because they don't like the answers here

  • Paperwork hasn't caught up. If he had purchased a great car for a great price, he would be fighting to get the title cleared instead of seeking a refund. Saying "I lost trust in the seller" is just an excuse.

    I smell buyer's remorse.

  • +1

    Its your issue ALWAYS no matter who is selling the car do a PPSR hell its free. Very Very silly not doing one

Login or Join to leave a comment