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NSW Buyer of Car from VIC Taking Legal Action?

Discussion in 'Australian Consumer Law Forum' started by Ivan n, 9 September 2016.

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  1. Ivan n

    Ivan n Member

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    Hello,

    Was hoping for a little help.

    I have recently had my car for sale. I also had an interstate buyer call interested from Vic. I'm from NSW. It was a 1997 WRX with low k's, 98k. Weeks before listing for sale, I had it blue slipped and registered in NSW and also a wheel alignment, a major service/timing belt oils, as the car only had 98k and hadn't been used by the previous owner for 12 years.

    I the listed for sale so I didn't give someone a bad car. I had maybe 15-20 photos of the car's sides bonnet, back, etc., to show as much as I could.

    Anyway, the interstate buyer rang and talked about about the condition, etc., but the main topic was the price naturally. I dropped the price from $13000 to $11000 with no registration or RWC, etc., as he's in VIC and an NSW registration won't be valid.

    He was trying to decide whether to come pickup the car or get it shipped. I suggested picking it up as it's a good drive. He decided to not come and see the car and asked for a few more photos, so I took under the engine photos as good as I could and a few others he wanted apart from the ones I already had listed. He was happy to buy it and then transferred money. I cancelled the registration and got some of that money back.

    A little past a week later, he rang and said this isn't the car he bought, etc., and said it's been in an accident and won't pass roadworthy, etc., and claims the exterior isn't what I said. I had more photos than you could imagine and he asked for more in email.

    It passed NSW rwc and wheel alignment and we are strict.

    Now my position: I currently have no job. I sold the car for money. I've spent over half of the money, so it's impossible to refund. He said his family friend is a lawyer and she's like a dog with a bone, whatever that means.

    Any help would be great.
     
  2. Rod

    Rod Well-Known Member

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    Tell him you'll do nothing until assertions are put in writing. Then address each of his points one by one and see what happens. Try to eliminate as many nonsense issues as possible and focus on the real contentious areas.
     
  3. Ivan n

    Ivan n Member

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    Hi, rod. Thanks for your reply. Yes, only had a phonecall at this point. Basically said if I won't buy it back, and I stated that I can't, that his lawyer will sue and if that happens I'll have to pay even more.
     
  4. Rod

    Rod Well-Known Member

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    This will only happen if you have done something wrong. And the converse is true, if he sues you and loses he will be up for additional costs.
     
  5. Ivan n

    Ivan n Member

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    Yeah, I mean how do I know if I did something wrong? That's what I don't get. Just wish he never bought the car or at least come and looked at it. Just have to wait to see what the lawyer will say.
     
  6. Rod

    Rod Well-Known Member

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    Yep. If you don't have the money your only option is to wait and see what they do.

    BTW. I suggest you write down the detail of your dealings (what you said/what he said both before and after sale and dates) while it is still fresh in your memory. Because if it does go to court and you say you can't remember, then the court may just accept his comments as true.
     

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