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QLD Car Buyer Short Changed Final Payment

Discussion in 'Debt and Bankruptcy Law Forum' started by Bev1946, 12 September 2014.

  1. Bev1946

    Bev1946 Member

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    I sold a car for $12000 and owed finace company about $9000. They gave me $3000 and emailed me a $9000 payment summery from their bank. Thinking sale was complete finance company called to say that they didn't recieve payment. The payment summery had XXXX over the first part of the my account number so I couldn't see if there was a typo to confirm they entered in the correct account.

    3 weeks later they transfered $7000 saying that they had to spend $2000 on repairs to the vehicle to pass another roadworthy.

    They have the car and guessing it's now registered in their name. They refuse to pay the balance. Will the police help? Do I employ a tow truck and pick it up? Do I go to QCAT?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Bev1946,

    Did you enter into a written sale and purchase agreement for the car? If so, what does the agreement (i.e. contract) say about cost for repairs?

    Did you guarantee or represent to the buyer that the car 1) fully serviced; or 2) road worthy when transferring hands?

    I WOULD NOT tow the car away. This is a contract issue and the police would not likely help (they do not involve themselves in civil - i.e. non-criminal - matters). If you believe they owe you the $2,000.00 and you did deliver all that you promised or represented at the time of agreement, then you may make an application to QCAT.

    First, I would write them a formal notice for the remaining $2,000.00 to be paid by x day, and failing this, inform them that you will initiate action in the QCAT for recovery of the debt.

    Again, it is very important you read through your sale and purchase contract and find out exactly what you and the buyer agreed to in relation to quality of the car (road worthiness) and who pays for the first set of repairs.
     
  3. Bev1946

    Bev1946 Member

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    Written correcpondance through email and text messages about price and vehicle was sold under a current roadworthy, transfer papers had the full purchase price on it. You could say that the buyers certainly agreed and accpeted the price as they also 'attempted' to transfer the correct amount the first time. Only when they claimed they needed to spend money on the vehicle then they deducted $2000 without my knowledge.
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Bev1946,

    1. If part of the agreement was that you deliver them a "current roadworthy" car, then they are entitled to claim compensation (i.e. reimbursement) for repairs done to make the car roadworthy where it turns out that the car was not roadworthy at delivery. If it isn't, then you have a claim for the remaining $2,000 back.

    2. If they claim the car was not roadworthy upon delivery, you can still ask for the $2,000 balance and promise them to reimburse their repair costs after they provide you with receipts/invoices of repairs, service reports and details of the mechanic/service place that undertook the repairs. They cannot just claim a repair amount for $2,000 without evidencing the repairs actually being done or how much they paid for the repairs.

    In brief, they owe you $2,000 in balance. You may owe them costs for repairs to get the car roadworthy where this is a condition of the sale and purchase agreement.
     

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