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30-04-2013, 10:19 PM | #1 | ||
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Ok guys, I am selling my car at the moment and I have someone interested in it that lives in Melbourne (about 450km away from me). As part of the deal I said I would deliver it to them. I would like to make the return trip in one day on a weekend so payment becomes an issue. Obviously they don't want to hand over thousands of dollars to a stranger before seeing the car, so what are my options?
I have always thought that bank cheques are a safe form of payment however I have read on here a couple of times that this may not be correct. I thought the bank had to guarantee that the funds are available. Is this the case? Otherwise what are my options other than cash keeping in mind that the transaction may be done when the banks are closed? |
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30-04-2013, 10:26 PM | #2 | ||
vbvbvb088
Join Date: Oct 2009
Location: Melbourne.
Posts: 347
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I would ask seller to go this local branch of your bank and deposit. you confirm all in and ok.
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30-04-2013, 10:40 PM | #3 | ||
FF.Com.Au Hardcore
Join Date: Feb 2008
Location: Perth, Northern Suburbs
Posts: 5,011
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Hi, ex “bank johny” here. Bank Cheques issued by a major Australian bank are safe PROVIDED THEY ARE GENUINE. Don’t accept a “Bank Cheque” from a credit union or building society because they can be stopped.
The only risk with bank cheques is that they can be fabricated or occasionally stolen by somebody working in a bank. Personally, when selling a CAR, I don’t see what the big deal is, I would be happy to accept a bank cheque. Especially if you have been to their house, seen where they live, and sighted their driver’s license. What’s the worst that can happen? It’s a big elaborate rouse to steal your car? If the bank cheque turns out to be forged, you go to the cops. Your insurance pays out on the car, cops track down the purps and they go to prison for fraud, forging & uttering, and/or grand larceny. NB: TOTALLY different to a personal cheque. NEVER accept one of those.
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30-04-2013, 10:49 PM | #4 | ||
FF.Com.Au Hardcore
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Bank cheques can be cancelled.
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30-04-2013, 10:49 PM | #5 | ||
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Thanks Dazz. That is what I thought anyway but just thought I would ask the question.
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30-04-2013, 11:32 PM | #6 | ||
was danny888
Join Date: Dec 2006
Location: Sydney
Posts: 564
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Do not accept them at all.
As said, go down to the bank and get it with them at worst. Insist on cash, or electronic transfer. I work as a solicitor, I have represented a heap of people that give fake bank cheques or valid cheques then cancel them.
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30-04-2013, 11:38 PM | #7 | ||
Join Date: Jul 2005
Location: Perth, Western Australia
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You can accept a bank cheque from a major institution as stated.
Just retain the rego papers until the funds have cleared, then issue the transfer documents and the rego papers. .
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01-05-2013, 12:23 AM | #8 | ||
FF.Com.Au Hardcore
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Location: Perth, Northern Suburbs
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But NOT in the same way that a Personal or institutional cheque can.
A personal cheque is drawn against their personal account. They can put a stop on the cheque or simply not have enough money in their account, in which case the bank will dishonour the cheque. NO crime has been committed unless you can prove that they set out to defraud you. What you have is a promise to pay, and it becomes a contractual/civil manner. A bank cheque has ALREADY been paid for by the purchaser and is drawn on the banks funds. The money is ALREADY gone from their account, so they cannot get it back. If they go back to the bank and claim to have lost the cheque, or that it got stolen from their handbag, etc, there is a convoluted process to go through, which partly involves waiting to see if the bank cheque is presented and if so was it by the valid drawee. A Bank Cheque is a promise to pay you from the BANK’S OWN funds. If you are the valid drawee and present the bank cheque in a timely manner, the bank will NOT dishonour the cheque. Modern scanners and colour laser printers have OF COURSE given rise to an increase in people forging Bank Cheques, and I would be dubious about accepting a bank cheque for a TV or some other item I was selling on Gumtree. But assuming your car is insured, you have nothing to fear from criminal activity (except depending on your insurer loss of your excess.) A person who gives you a forged bank cheque commits a crime, no ifs, no buts, no maybes. If they want to steal your car for parts or to rebirth it in another state, it is far easier for them to yank it from your driveway, than to leave the police with a nice paper trail to follow. The transaction of selling or buying a car involves at least some “good faith.” The buyer isn’t going to keep a large wad of cash at home, just in case you don’t turn up but instead send some of your bikie mates for a visit. Nor will they deposit cleared funds into your account, just in case you then yank back the transfer papers. If you accept a big wad of cash for the car, how do you know it’s not counterfeit? (Something that is much harder to pin on the purchaser than a forged bank cheque.) How do you know you want be followed home and mugged for the cash? Or that the cops won’t nab you and take your money because you unwittingly sold your car to a drug dealer? It pays to be cautious, and the OP has done the right thing asking the question, but going through life paranoid that everybody will rip you off at a moment’s notice, is no way to live.
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01-05-2013, 05:38 AM | #9 | ||
FF.Com.Au Hardcore
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bank cheques can be stolen, fake or cancelled
they can, and have, been bought by people with insufficient funds in their account and later not honoured holding onto rego papers won't achieve much, hanging onto the car until funds clear is better best to go to the bank with the buyer and get them to do a transfer into your account while you are with them. That way you get a receipt and confirmation from the bank itself and don't carry the $ around at all. |
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01-05-2013, 06:56 AM | #10 | ||
Getahaircutandgetarealjob
Join Date: Jul 2007
Location: Newcastle area, NSW
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Given the THOUSANDS of cars sold every day, how many bank cheques bounce?
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01-05-2013, 07:30 AM | #11 | ||
Matakana NZ
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Just keep a set of keys, then post them once the cheque is all good
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01-05-2013, 07:45 AM | #12 | ||
FF.Com.Au Hardcore
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I agree with Crazy Dass, Bank Cheques are safe an I have used them many times, buying and selling. They cannot be cancelled and they cannot have insufficient funds.
Stipulate it must be a bank cheque from a major bank. In addition to taking the bank cheque ask for 2 or 3 forms of ID. When I bought my Territory the clown would not take cash, take the bank cheque, only EFT. I was on the verge of going somewhere else as he was being a drama queen. |
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01-05-2013, 07:52 AM | #13 | |||
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Quote:
someone bought my car from another state and had arranged CEVA car carrying to pick it up. Money was to be paid in full before it left my driveway, and thats how it should be in this case!! they even deposited $500 less into my account thinking i wouldnt mind. Dont think so buddy |
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01-05-2013, 08:10 AM | #14 | |||
FF.Com.Au Hardcore
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Quote:
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01-05-2013, 08:12 AM | #15 | ||
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I have sold a few cars and stated clearly in any add that the car does not leave my possession till funds are cleared.
Hasn't been an issue.... But can become a can of worms if something were to happen to the car in those three days. Stuff can be forged, and although the chances are slim I would never want to be the victim of some scumbag scammer. Can you find a branch that is open on the weekend, agree to meet there and make the cheque on the spot, or do an eft in your presence?
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01-05-2013, 08:31 AM | #16 | |||
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Quote:
What if they decide they immediately dont like the car & want to hand it back, then report the bank cheque as being stolen. Yes thats fraud, but thats what the OP is asking about. a bank cheque takes 3 days to clear just like any other cheque, so the same caution should be taken imo. |
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01-05-2013, 08:41 AM | #17 | ||
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also what if you drive all the way there, and find your name on the cheque has one or 2 letters mispelt. The cheque then becomes as useful as an empty packet of chips
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01-05-2013, 08:54 AM | #18 | |||
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I agree with Crazy Dazz, you can get so paranoid about things that you become to scared to get our of bed some days. You have an insured car, you have their identification, you have a bank cheque. The chances of something going wrong for the seller are very, very low. Funds transfers can be risky for the buyer. I have been in the situation where a over the counter funds transfer was claimed to not have been received by the recipient and that was a drama.
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01-05-2013, 09:03 AM | #19 | |||
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Everyone needs to stop classing both as the same thing because theyre not. Bank cheque still takes 3 days to clear. Why dont you just call your local bank, and ask them simply is there any way to cancel a bank cheque then you can find out yourself instead of me trying to convince you? And yes they would be in considerable **** but since when has that stopped anyone? |
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01-05-2013, 09:13 AM | #20 | |||
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What's to stop them following you home and stealing your cash? Banks cheques are not nearly as risky as you are making out.They take time to clear but they are the banks' property and not that of the purchaser. If they attempt fraud it would be the dumbest fraud ever. They have given you all their details and address and have your car. They can't sell it in 3 days as they are not the owner anyway. They would be caught and found guilty in 5 minutes. Crazy Dazz has worked in a bank. His experience is the same as mine and IMO his advice is sound. This is a way to complete a transaction, both parties are known to each other. There is a point when you weigh things up and decide it's legit. With cash the risk is carrying around a wad of cash and being robbed. With EFT the risk is with the purchaser.
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01-05-2013, 09:31 AM | #21 | ||
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i agree dealing with cash is risky, however the transaction is instant.
bank cheque is fine, actually preferable as there is an actual paper trail !!! however if the buyer wishes to pay like that, then they shouldnt have an issue with the seller holding onto the car/fridge/boat until those funds are accessible. your saying that bank cheques should make a sale as instant as cash would, and i dont. People think because theyre paying with a cheque, they should be able to take the item straight away.... |
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01-05-2013, 09:43 AM | #22 | ||
Aluminum Falcon pilot
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how about money order from Aus Post? Could this be an option? The funds have to be up front before the MO gets issued.
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01-05-2013, 09:48 AM | #23 | ||
FF.Com.Au Hardcore
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http://www.nab.com.au/wps/wcm/connec...nance/15/16/9/
have a read of this and you'll see bank cheques are not as safe as some have claimed and it's from a bank website so isn't a personal opinion |
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01-05-2013, 10:21 AM | #24 | ||
FF.Com.Au Hardcore
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the only real issue is a forged bank cheque. they do exist and significant thefts have been perpetrated using forged bank cheques. cash of EFT are the only truly safe methods of collecting funds on a large sale.
Some may say not accepting a bank cheque is being paranoid but the methods used for forging are both sophisticated and easily obtained. the odds are in your favour with a bank cheque from a major bank but you are not protected from fraud entirely
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01-05-2013, 10:23 AM | #25 | ||
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unless it is forged like I mentioned above with a bank cheque, nothing is guaranteed unless you get it validated first
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Everyone starts off with a bag full of luck and an empty bag of experience. The trick is to fill the experience bag before the luck bag is empty. "It is better to remain silent and be thought a fool than to speak out and remove all doubt." Start a new career as a bus driver Rides: FG2 XR6 stock at this stage but a very nice ride xc 4 DOOR X CHASER 5.8 UNDER RESTO |
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01-05-2013, 10:24 AM | #26 | |||
FF.Com.Au Hardcore
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i.e. the risk is very small and the cheque cannot be cancelled. So a crook needs to rob a bank to get the blank bank cheque and then goes out and buys a $15K second hand Falcon while handing over a few forms of ID in the process.....great scam... Or better still crook goes to the bank, who has their details, get a bank cheque for 1,500 bucks then alters it to read $15,000 and buys your car....again not hard to follow up, go see the bank, police, RTA, Insurance company. People are paranoid and probably better just stay indoors incase something happens. AS i said I wanted the car there and then when I bough my Terry and rocked up with 25K cash and the seller freaked thinking it was forged and I'm a drug dealer. Can't win.... |
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01-05-2013, 10:30 AM | #27 | |||
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Here's one in reverse. You go to buy a car. The car is worth $50K, so cash isn't an option. The guys says funds must be paid before pickup with EFT. You agree on a price and transfer the funds. He has also done this with someone else, they have also transferred the funds. You go to pick up the car and he and the car are not to be found. You go back to the bank and try to get your money back. The bank says nothing they can do, it's not your money any more. I have actually paid for a service through transfer at a bank. The recipient denied receiving this payment and kept chasing me for money. My bank, which was the same bank branch as their could do nothing to help me. In the end the recipient acknowledged payment, it was a book keeping error on their part. This was a law firm BTW. There are always risks with transactions.
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01-05-2013, 10:32 AM | #28 | |||
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whats wrong with waiting till the cheque clears & funds become available to you before letting the car go? Isnt that what this thread is about anyway? No-one is saying dont use bank cheques, just dont let the property go until its converted into cash... |
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01-05-2013, 10:41 AM | #29 | ||
Where to next??
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Which then poses the question, how many people would use a holding service that helps with the ownership transfer of a car if it were available?
Ie, both parties meet at a depot, do the paperwork, pay by whatever means, (and cash could be verified as a service) then the car and ownership papers are released for collection when the owner has said that the funds are clear? A neutral middleman, so to speak??? Charge a sliding scale commission based on sale price and duration the car is held?? Just a thought I guess....
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01-05-2013, 10:48 AM | #30 | ||
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The risk is then with the buyer. You could abscond with the money and car and is probably a lot more common than a bank cheque being denied.
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