Legal advice re. buying car; fast please

XRated · 24-02-2005, 12:28 PM

Okay, my girlfriend is looking at buying a car. She has looked at a car, and put a deposit on it - she even got the seller to write on a piece of paper the details and signed it.

Quote:

"This amount of (n) dollars is towards the deposit for the sale of RNTxxx. Seller: YYYYYYY, buyer: XXXXXXX"

My g/f organised a check by Stateroads (like RACV) and got the report etc.

Now the seller is trying to twist and change things even though they have settled a price. As far as I know she is legally bound to get a RWC before selling it registered. Now she is doing that, except making my girlfriend pay that price. I don't think she should have to as they have settled a price. Especially if getting it RW costs $2k for example...

She is claiming that now she doesn't have to sell my girlfriend the car and will simply return the deposit, but I thought that she was bound by that contract? Otherwise, wtf is the point in putting a deposit down in the first place?

What if this slag does sell it?

Please help ASAP!

(I am sick of being screwed around by sellers)

MR_SIDO · 24-02-2005, 12:37 PM

So what you are saying is that the vehicle ended up having a fair few things wrong with it and they do not want to sell it for that price with a roadworthy?

XRated · 24-02-2005, 12:39 PM

Quote:

Originally Posted by MR_SIDO

So what you are saying is that the vehicle ended up having a fair few things wrong with it and they do not want to sell it for that price with a roadworthy?

Yeah, there were some things that need to be done to be brought up to RW condition. Now she wants to sell it for the price they negotiated, but will make my girlfriend pay how much the roadworthy costs as well - even though we never agreed to that.

****ed off though, because we don't have that in writing...

MR_SIDO · 24-02-2005, 12:43 PM

Hmmm, makes it hard when it was only written on a piece of paper, does it have their business name on the piece of paper, it is not really a contract, just a piece of paper saying that she will sell it for a certain amount, if she wants she can sell the car without a roadworthy but will have to remove the number plates. and then your friend will have to go to VIC ROADS or the RTA or wherever you are and pay the rego fee and Stamp Duty.

MR_SIDO · 24-02-2005, 12:44 PM

any way sounds dodgy if you ask me, what sort of car is it?

XRated · 24-02-2005, 12:47 PM

Yeah, this cow has been dodgy since day one. It's a 1996 Mazda 323 Astina sedan.

Originally the price was listed as $7.5k. Then JUST before we went to see it she rang saying she upped the price to $8.75k because she forgot it had an immobiliser!!! Then we got it checked out and negotiated the price to $6.4k...

Here is the original ad (now price is changed to $8.75k)
Here

Yagz · 24-02-2005, 12:49 PM

EDITED, will check facts.

dansedgli · 24-02-2005, 12:49 PM

Get the deposit back and start looking for a different car. She sounds like a pain in the ****.

MR_SIDO · 24-02-2005, 12:52 PM

I know where there is a 1995 323 Astina For sale, I traded one in a week ago, it was a nice one too, I sold it to another car yard and i think they still have it, it was a one owner from memory. let me know if you are interested and i will PM you with the car yards details.

EA2BA · 24-02-2005, 12:53 PM

The deposit is just a good faith gesture you will buy the car, nothing more, she can refund the deposit and keep the car, sellers choice.

Its only a 2 grand car, take the deposit back, and keep looking.

XRated · 24-02-2005, 12:56 PM

MR_SIDO, can you let me know about the '95 Astina? Is it auto/manual? Fuel injected? Kms?

Only a 2k car? Are you kidding me??

MR_SIDO · 24-02-2005, 01:04 PM

This Astina has done a few more K/ms and it is an earlier shape by the looks of it, they must have changed in 1996. this one had done 184,000 k/ms but in very good condition, it was Manual though so I would say that would be out. Any way I feel like ringing this TOOL of a woman up and giving her a lecture on how to sell a vehicle without ****ing anyone off.

XRated · 24-02-2005, 01:12 PM

Quote:

Originally Posted by MR_SIDO

This Astina has done a few more K/ms and it is an earlier shape by the looks of it, they must have changed in 1996. this one had done 184,000 k/ms but in very good condition, it was Manual though so I would say that would be out. Any way I feel like ringing this TOOL of a woman up and giving her a lecture on how to sell a vehicle without ****ing anyone off.

LOL! Hahaha that would be gold!! She is such a pushy, deceiving cow

:

XA-Coupe · 24-02-2005, 01:19 PM

mind you , the ad does say RWC - no
She can sell it without a RWC but has to hand the plates in.
Sounds like a lot of trouble.. I would just go elsewhere.

Dave_au · 24-02-2005, 01:56 PM

Who the hell ups the price of a car for sale when its already advertised at a lower price. Its called baiting, and its illegal.

+ 9 year old granny car that won't past RWC? Its had a hard life. Walk away.

rag top · 24-02-2005, 02:07 PM

It's a buyers market. Get your cash back, and deal with someone prepared to sell and not stuff you around.

Envious · 24-02-2005, 09:24 PM

Quote:

Get the deposit back and start looking for a different car.

Agreed, it aint worth it mate, go elsewhere....there are plenty other cars in the yard.....

RSgerry · 24-02-2005, 10:56 PM

strictly speaking, you sound to have a legally enforceable contract. you made an offer, she accepted, you paid a deposit. it doesnt matter whether you wrote it up on the back of an envelope or whether a solicitor drew up formal contracts. you could, in theory, take her to the small claims court and get the law to enforce this contract. however, i wouldnt be arsed. do you really want to spend your hard earned cash with this old witch?leave her with the car and go and find something else. karma being what it is, the car will blow a head gasket on her next week and she will be stuck with a huge repair bill.

pauljh74 · 24-02-2005, 11:40 PM

I agree - ditch the beotch and go elsewhere. If this car was so well maintained - a '96 model Mazda wouldn't need much roadworthy work - so why wouldn't the seller provide one? It makes the car much more attractive to sell. I wouldn't touch a car in that price range without a RWC unless it was a good price and I knew what it needed and could get it done cheaply. She sounds like she's attempting to change the terms of the sale, I'd just take her offer - get the deposit back and move on. Unless the car is so cheap you'd risk wearing the RWC costs.

Next time you go for a car, put conditions in the deposit, like "subject to a satisfactory mechanical inspection" (RACV, VACC etc.). It gives you an out if it turns out to be in bad condition otherwise you risk losing your deposit if you pull out of the sale. Specify things like final price and terms like RWC and anything else you negotiate. That way the seller can't pull a shifty on you as it is all spelled out

XRated · 25-02-2005, 12:27 AM

I tried telling the Missus to just stick it up the seller's.... But she is so frustrated and stressed with starting Uni and being ****ed around with all the other sellers etc that she just wants a car. We know what women are like, I'd have the silent treatment forever if I said it was a shit car and a waste of time. I am quite ****ed off that she is so adament to get it off this slag.

She has agreed to pay half ($150) of the RWC. So I am crossing my fingers that it's a steal... :S

Thanks for your help once again oh mighty ones! But next time, it's either no deposit, or a thorough "contract" like Paul has suggested.

JADED6 · 25-02-2005, 02:00 AM

Looks kinda warped like a ford taurus.

As you're half way through the deal it's pointless saying... walk away and go elsewhere. There are literally hundreds of car yards around.
If your girl friend is just in a hurry to get in a car she's obviously not fussy (great girl)

so surely there would be dozens of suitable cars.

NZ · 25-02-2005, 09:00 AM

Thats the thing she is a fussy girl!

pauljh74 · 25-02-2005, 12:40 PM

I had a look through some online ads, and $8750 is a good, but not outstanding price for one of those cars - you negotiated even less for it, so provided there isn't major issues with it, it looks a good buy

**Full Noise** · 25-02-2005, 01:03 PM

A few years ago my girlfriend’s old man had a look at an EF Falcon at a large Holden dealer. Her old man not being mechanically minded pit down a deposit with the condition that I was to check the car out. When I arrived in Melbourne the next day I wasn’t happy with it and the Holden dealer returned the deposit. They were quite nice about it.
Unfortunately these days you just have to get things in writing to cover yourself.

Cheers, Danny

xf_vanner · 28-02-2005, 10:18 AM

That is stupid considering that in car yards a car over 2 grand has to be supplied with a roadie. For that price i would expect a roadie. Sounds like someone is trying to stay ahead with the car. Well ur g/f has the deposit in writing means the seller has knowledge of the money and proof, so if your g/f hadnt signed a piece of paper and she gave her the money she wouldn't get it back. Putting the deposit on the car just means that she is interested and the seller cant sell it to another person. But for that price and being registered it should have a rwc with it. Something major is wrong with the car.

NZ · 28-02-2005, 12:07 PM

It doesnt mater now from what I gather the buyer and seller went halves in the rwc which turnbed out to cost $150 each. she picked the car up last night

pauljh74 · 28-02-2005, 12:35 PM

Quote:

Originally Posted by Karl

It doesnt mater now from what I gather the buyer and seller went halves in the rwc which turnbed out to cost $150 each. she picked the car up last night

The seller should have got it RW'd to begin with, or at least found out how much it would cost to do it, then it would have been sold more easily.

XRated · 28-02-2005, 07:49 PM

Well finalllllllly sorted it out and now have possession. I don't wish the unfortunate task of buying a second hand car in the near future to anyone, especially with such a picky girlfriend!!!

Pics here:
http://www.fordforums.com.au/showthr...5956#post75956

Dez · 28-02-2005, 07:59 PM

i woulda walked away as soon as i realised the seller was a stupid bitch....wouldnt want to buy a car off someone that i hated.

but considering you let it go to keep your mrs happy, what can ya do...

i'm just glad my old man drew up contracts when i was buying my car...he included everything so that there was no loopholes, and that if anything went wrong or changed, i'd get my money back hassle free, or have a case to fight in court

**Stav** · 28-02-2005, 08:53 PM

Quote:

Originally Posted by XRated

Okay, my girlfriend is looking at buying a car. She has looked at a car, and put a deposit on it - she even got the seller to write on a piece of paper the details and signed it.

My g/f organised a check by Stateroads (like RACV) and got the report etc.

Now the seller is trying to twist and change things even though they have settled a price. As far as I know she is legally bound to get a RWC before selling it registered. Now she is doing that, except making my girlfriend pay that price. I don't think she should have to as they have settled a price. Especially if getting it RW costs $2k for example...

She is claiming that now she doesn't have to sell my girlfriend the car and will simply return the deposit, but I thought that she was bound by that contract? Otherwise, wtf is the point in putting a deposit down in the first place?

What if this slag does sell it?

Please help ASAP!

(I am sick of being screwed around by sellers)

Mate from what you have told me she may be correct. A contract generally should be statement where there are no other legal particulars to be considered .A deposit with a sale in mind is not enough.If the paper said that this money is the first payment of a contract to sell you would have a better chance. Dont take my word for it see a lawyer..I am just learning and my advice should not be taken as proffessional; adviceor be acted on unless proper coucill is sought.