VIC Buyer threatening to sue or return car after private sale

Discussion in 'Australian Consumer Law Forum' started by Lela19, 5 January 2019.

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  1. Lela19

    Lela19 Active Member

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    I have just sold a car through private sale and the buyer is now threatening to take legal action or to return the car and ask for her money back if I do not provide a second key.

    I never advertised my car as coming with 2 keys. She never asked about it before the money was transferred. Upon collection of the car, she was unhappy when she learnt there is only one key.
    She now wants me to provide her a second key or pay for one. If I refuse, she threatens to return the car and wants her money back.

    She also refuses to transfer the car until the issue about the key is resolved.

    Currently, she has taken possession of the car but has not transferred the car to her name with Vicroads yet.

    I do not want to pay for a second key as I don't believe it's my responsibility.

    My questions:

    1. Pending the transfer, am I right to say the car is no longer mine and if she refuses to transfer the car to her name, that is her problem? Buyer is holding this over my head and not wanting to transfer the car until we sort out the matter of the key. Has she got a leg to stand on?

    2. Does she have grounds to sue me for a second key even though I never advertised it and never told her verbally that the car comes with a second key?

    3. Do I have the right to refuse taking back the car and refunding the money? I have not done anything wrong here.

    PS: Car was handed over to the buyer today, a Saturday. Vicroads is closed and reopens Monday. In the meantime, who does the car belong to?

    Thanks so much for your thoughts.
     
  2. Scruff

    Scruff Well-Known Member

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    Yes - mostly. The sale was completed when the money was paid and she took possession of the vehicle, but the registration is an issue.

    In NSW you can submit a "notice of disposal". I don't know if VIC has something similar. It is extremely important that you contact VicRoads first thing Monday morning.

    No. But if she wants to make an absolute fool of herself, then let her. It will cost her a lot more money that the cost of a key.

    Absolutely - stand your ground.

    The main issue for you is that you inform VicRoads that you are no longer the owner and that the buyer is refusing to transfer the registration. You need to do this immediately so that the new owner doesn't start racking up fines in your name.

    Make sure you keep any relevant documents, particularly any statements that show exactly when the payment was transferred.

    Whatever you do - do not trust the buyer. She's trying to take you for a ride.
     
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    #2 Scruff, 5 January 2019
    Last edited: 5 January 2019
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  3. DMLegal

    DMLegal Well-Known Member

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    It's the buyers responsibility to submit the relevant documentation to VicRoads, as long as you have the 'sellers' part of the paperwork the fact she has not registered it with VicRoads is not an issue. The buyer must register the purchase within 14 days, so the delay only poses an issue for her, not you.
     
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  4. Lela19

    Lela19 Active Member

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    Thank you, Scruff, your response has put me at ease. Before I posted this question, I had actually offered to pay $300, which is half of the cost of a replacement key as a way to resolve the issue. Buyer refused and wants me to pay $400. Now that I've seen your reply, I am going to tell her that since she rejected my offer of good faith, the $300 is off the table. I am about to tell her now that I will not pay for a second key, and I will not accept a return of the car.

    Have also just spoken to Vicroads and been told that I can hand in the seller's copy of the tranfer form myself. They will take over from there and contact the buyer over the incomplete transfer.
     
    #4 Lela19, 7 January 2019
    Last edited: 7 January 2019
  5. Lela19

    Lela19 Active Member

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    Thanks, DMLegal. She wants to make it seem as if I still need her to finalise the sale of car. It's clear to me now the VicRoads issue is important in terms of fines, not ownership.
     
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  6. Scruff

    Scruff Well-Known Member

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    Glad you got it sorted Lela. All the best.
     
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