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.
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.