Had a deposit on a car, but car got sold to someone else...

NF FairlaneGhia · 13-11-2008, 01:05 PM

I put $300 deposit on an Au series 3 xr6, I went to check out the car on a monday, and when I was there I called my mechanic and asked him when he can inspect the car, and he goes saturday, and I told the owner of the car, the earliest I can purchase the car is Saturday, and his like thats fine, his like if you leave a deposit I wont sell the car to anyone else, and he will remove all the ads... Deposit paid that day

2 days later he calls me up saying, im finalising the pruchase tommorow to another buyer, and im like oh okay, a bit

: and yeh the next day it got sold.

I did pick up my deposit though

Did he have any right to sell the car though?

:

big-e · 13-11-2008, 01:12 PM

Mate its gone.......
Look for another, you will find better.
One with leather and sunroof.. nice.

alecrain · 13-11-2008, 01:15 PM

Quote:

Originally Posted by NF FairlaneGhia

I put $300 deposit on an Au series 3 xr6, I went to check out the car on a monday, and when I was there I called my mechanic and asked him when he can inspect the car, and he goes saturday, and I told the owner of the car, the earliest I can purchase the car is Saturday, and his like thats fine, his like if you leave a deposit I wont sell the car to anyone else, and he will remove all the ads... Deposit paid that day

2 days later he calls me up saying, im finalising the pruchase tommorow to another buyer, and im like oh okay, a bit

: and yeh the next day it got sold.

I did pick up my deposit though

Did he have any right to sell the car though?

:

Sorry to hear that, but I'm not sure whether agreement with deposit has any legal value.
Was it a private seller or a dealler?

NF FairlaneGhia · 13-11-2008, 01:15 PM

Quote:

Originally Posted by big-e

Mate its gone.......
Look for another, you will find better.
One with leather and sunroof.. nice.

bright red, had sunroof and premium sound, low k's

NF FairlaneGhia · 13-11-2008, 01:16 PM

Quote:

Originally Posted by alecrain

Sorry to hear that, but I'm not sure whether agreement with deposit has any legal value.
Was it a private seller or a dealler?

thanks mate, but yeh was a private seller, he signed a reciept with a deposit but I guess that stands for nothing..

johnnyb · 13-11-2008, 01:19 PM

Quote:

Originally Posted by NF FairlaneGhia

thanks mate, but yeh was a private seller, he signed a reciept with a deposit but I guess that stands for nothing..

call up the department of fair trading

they will be able to help you

Allen · 13-11-2008, 01:24 PM

Quote:

Originally Posted by johnnyb

call up the department of fair trading

they will be able to help you

What will they do? Its just a bloke who broke a promise and wasted the guy's time, not a buisness or anything.

Just accept the fact that your time was wasted by a moron, and get back out on the hunt for another car.
Perhaps arrange to bring your mechanic out to look at cars with you, or let him know before hand when you go to look at a car.

NF FairlaneGhia · 13-11-2008, 01:25 PM

Quote:

Originally Posted by johnnyb

call up the department of fair trading

they will be able to help you

so its not too late, considering the car was sold nearly a week ago?

NF FairlaneGhia · 13-11-2008, 01:31 PM

Quote:

Originally Posted by fairlane_ghia

What will they do? Its just a bloke who broke a promise and wasted the guy's time, not a buisness or anything.

Just accept the fact that your time was wasted by a moron, and get back out on the hunt for another car.
Perhaps arrange to bring your mechanic out to look at cars with you, or let him know before hand when you go to look at a car.

Yeah true, I should do that next time.

NF FairlaneGhia · 13-11-2008, 01:36 PM

a mate from work was telling me I could sue him, is that right? :evil3:

FGII-XR6 · 13-11-2008, 01:40 PM

by the exchange of a deposit you had a contract and you could have taken acction against him. unfortunatly by accepting the deposit back you agreed to terminate the contract so you now have no claim

Mr Brooksy · 13-11-2008, 01:44 PM

If its anything like real estate, then it can be sold from underneith you right to point of all the money being handed over, regardless of existing deposits. Peoples word means squat nowdays.

Gotta love the Aussie values, of a fair go, and mateship.

Sorry to hear that your bloke is a drop kick.

MadMaximus · 13-11-2008, 01:53 PM

Just learn from it and get on with finding another one.
I have heard of a similar thing happening and the guy refusing to give the money back saying he didn't recieve any money. Cops were called and lucky they had it in writing that he had accepted $500 otherwise they were farked.

NF FairlaneGhia · 13-11-2008, 01:54 PM

Quote:

Originally Posted by au3xr6

by the exchange of a deposit you had a contract and you could have taken acction against him. unfortunatly by accepting the deposit back you agreed to terminate the contract so you now have no claim

damn, too little, too late hey lol

:
at least I know for next time...

**Polyal** · 13-11-2008, 01:58 PM

Its just a car, the guy is a twat and probably got some more cash from someone else. Karma will sort it out because there is not much else you can do unless you want to waste your time.

Ando_Leigh · 13-11-2008, 02:14 PM

Quote:

Originally Posted by Mr Brooksy

If its anything like real estate, then it can be sold from underneith you right to point of all the money being handed over, regardless of existing deposits. Peoples word means squat nowdays.

Gotta love the Aussie values, of a fair go, and mateship.

Sorry to hear that your bloke is a drop kick.

Thats why the cooling off peroid has come in.

pay your .25% and the property can not be sold to any one else but can still be inspected. Gazumping i think thats how you spell it, was the major problem before this cooling off came into effect.

ArTeesT · 13-11-2008, 02:32 PM

Usualy when placing a deposit ill write down a little contract stating how much ive put down, how much is owing and that the car, pending inspectin or payment on certian date blah blah, is not to be sold until then. Most people sign it.

Quicksand · 13-11-2008, 06:08 PM

Quote:

Originally Posted by NF FairlaneGhia

at least I know for next time...

Exactly, and this is now what its all about.

i.e Learning from your mistake and sharing your experience with others so that they can learn too

Good luck with the next purchase,

SM1DY · 13-11-2008, 07:08 PM

You have a verbal agreement with the seller, so he is obligated to sell the car to you. But it's been sold, so i see no positive outcome from fighting this!

4Vman · 13-11-2008, 07:26 PM

Quote:

Originally Posted by johnnyb

call up the department of fair trading

they will be able to help you

Get real.. help him do what? its a private sale.. he got his deposit back and the car is gone.
It was a crap thing to do but the only thing he can do is just move on and find another one.

MITCHAY · 13-11-2008, 07:47 PM

What if he had of flicked some other potential buyer off because you promised the money on Saturday and couldn't cough up? I would have done the same thing, although I would not have accepted a deposit.

**buggerlugs** · 13-11-2008, 07:51 PM

Quote:

Originally Posted by 4Vman

Get real.. help him do what? its a private sale.. he got his deposit back and the car is gone.
It was a crap thing to do but the only thing he can do is just move on and find another one.

Yep and it's definately a buyers market so don't stress. There will be others.....

husky510 · 13-11-2008, 07:52 PM

Did you knock him down in price... he probably got a better offer!!! Money talks...!!!!

bonspeed · 13-11-2008, 08:08 PM

Thats why I never take deposits when selling anything......first with the cash gets the goods.

RG · 13-11-2008, 08:09 PM

I think all that needs to be said has been.

Before this gets nasty.