NSW Accused of Fraud - Buyer Demanding Refund?

[Monica 78]

Hi,

I sold my vehicle to a buyer over the weekend, signed all documents over, lodged a notice of disposal and he even transferred the car into his name, wrote his own contract of sale stating both our details and that he was buying the car as is and the sale was final. He wrote me a cheque and we both signed off on the sale. I did everything I believe I needed to do as a responsible seller.

I was transparent with the vehicle's year, make model, condition, supplied all log books and servicing, answering all his questions he came out and inspected the vehicle and drove it twice, he did all necessary checks as a buyer, revs, plate checks vin check. Sale was finalised.

The next day he calls me saying I misrepresented the vehicle, I lied, I committed fraud and demanded a refund of the vehicle amount $16,000 or that I give him $3,000 immediately as he "just realised" after just transferring the vehicle into his name that the vehicle is a 2012 Toyota and not 2014 model as the ad suggested.

I explained to him that the car sale website selects your vehicle for you based on its VIN and reminded him that we verbally discussed this when he asked me what year I purchased the car as I am the first owner ( I purchased the vehicle in March 2013. It's manufacture date is 12/12 on paper.

However as a responsible buyer it is his responsibility to do all necessary checks and ensure that he understands what he is buying as he had sample opportunity and on several occasions would have come across the year of the vehicle as well!

He has had the vehicle for 4 days and paid via cheque - he has said he is cancelling the cheque today ( I cashed it in but it's still clearing ) my question is.

Is he allowed to not pay for the vehicle and demand a refund after having signed legal documents that clearly state he understands the sale is final and he knows what he is buying. As far as I'm aware, the sale is final.

If he wishes to sue me for false misrepresentation of the ad he can do that, but he has no right to not pay for the vehicle considering he has bought it and it's his now.

I am leaving for overseas Sunday and he knew this, he has been very difficult from the beginning and has tried to drop $$ as much as he could. The car was sold to him thousands under the market value even people a 2012/13 car.

Any help is appreciated. Both banks tell me there's nothing I can do and will have to wait to see if the cheque clears and that he is allowed to stop it. It is a bank cheque addressed to my name.

 

[Rob Legat - SBPL]

I have one question that might clear all of this up quickly. You said he wrote his own contract of sale. What year model for the car did he write on it?

 

[Shawna Davis]

Firstly & most importantly, if the cheque doesn't clear go & file a stolen vehicle report, as it is theft.

Secondly you are not a second hand car dealer so you are not subject to the same rules & regulations as "Bob's 2nd hand car world" as long as you disclosed all faults (if any) signed over the rego papers & the car was not encumbered there's nothing he can do besides lodge an application with the civil tribunal in your state, he cannot claim under federal lemon laws, as stated you're not a licenced 2nd hand dealer.

It's most important to follow up on that cheque, if it doesn't clear go to the police straight away, tell them you sold your car & he intentionally cancelled the cheque, demand he be charged.

You're correct about VIN matching through roads & transport and also car sales data bases, I have a 2006 VE Clubsport yet the VIN matches a 2005 VZ holden commodore which is incorrect, that's not your fault, that's the fault of the car company & the government, just because the computer states it's a 2012 model it doesn't mean it is, this is human error on the governments part.

 

[Rod]

It is a bank cheque addressed to my name.

I think bank cheques can only be stopped if they are stolen or altered. If for some reason the cheque is stopped you can report the buyer for cheque fraud and take action to recover the money.