NSW Can I retain this buyers deposit?

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Ryan Smith

Member
18 July 2018
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0
1
Hi there if someone could please advise on the following scenario that would be great.

I have my Toyota Hilux for sale on Carsales.com.au, The vehicle is a repaired write off, currently registered and I have been driving it for 30,000km's.
I clearly state in the ad that the ute has been written off in the past.

- A man called me on the phone and asked a series of questions about the car that I answered honestly and we came to an agreement on a price for the car. The write off history was not raised or spoken about
- I told him that he can either pick the car up from Bathurst, or else the car was due to be collected by a transport company the next day and will be in transit to my new residence for two weeks.
- I also advised him that If he wanted me to cancel the transport and retain the car in Bathurst for him to pick up, that I would require a deposit before going ahead with that action, I set the deposit at $600, he agreed to that amount and paid it
- I went ahead and cancelled the scheduled transportation of the vehicle
- He emailed later that evening to inform me that he had just noticed on the ad that it had been written off previously and he wanted to pull out of the sale and receive his deposit back
- This situation has incurred various expenses and inconveniences for me moving forward.

I feel that because I had clearly disclosed in the advertisement the fact that the car had been written off, It is reasonable to consider this assumed knowledge moving forward in the transaction, making this a lack of due diligence on the buyers part that has caused me financial and time loss.
 

Adam1user

Well-Known Member
5 January 2018
577
33
2,219
Hi,
I know it is a frustrating situation, but you may come to an agreement of returning part of the deposit explaining that you incurred a loss for cancelling and if there are any additional costs for re-arranging the transport. This may put you both in good terms.

People make mistakes, and I think that you should have mentioned the written off point in the first call between you guys, that would have made the transaction more better.

This is my point of view to help you both.
Good luck.