Car Dealer Mistake - Undercharged Me

Get Instant Legal Answers - Free AI Legal Help
Join thousands of Australians each month using LawConnect’s AI assistant for fast, personalised legal information. No waiting. No cost. Start now.
Ask Your Question Now

Marcus Warder

Member
7 May 2014
1
0
1
Hi!

I've recently bought a car from a 2nd hand car dealer. I paid a $1000 dollar deposit on the car with assurance that the car had been serviced. Prior to purchase I wasn't provided with a service receipt like he promised. I then found out he hadn't got it serviced.

The dealer then charged me the rest which was supposed to be $3000 on my card. Instead he charged me $3 on my card by mistake obviously. There is a contract signed and a receipt signed for the full amount of the car including the deposit ($4000). The car is also now registered to me.

I only found out the payment of $3 occurred today. Legally, do I have to go back and pay the rest?
 

Worldly1

Well-Known Member
25 April 2014
137
29
454
Australia
I think you should let them know that they undercharged you. Your contract states the actual amount you were meant to pay and you have not paid it (albeit due to a couple of zeros being left off by mistake). You can’t rationalise this mistake morally (or legally) as a Monopoly “bank error in your favour” situation.

Perhaps you can arrange a further discount with the dealer for your prompt honesty and the servicing debacle.
 
  • Like
Reactions: winston wolf

winston wolf

Well-Known Member
21 April 2014
425
116
894
Adelaide
sites.google.com
I wold say that the balance would be recoverable and when they realise they will come looking.
May I suggest, you call them and suggest that you can come in and pay the balance when you are collecting the care after the service:)
If they pass you debt to a collection agency it could cost them more than the service.
 
  • Like
Reactions: Sophea
S

Sophea

Guest
I agree with Mr Wolf, they will realise and come knocking at a less convenient time. Definitely with hold the balance until you get the service they promised. And make sure when you go in, you have all your ducks in a row in terms of paperwork, receipts, contract etc.