Car Dealer Mistake - Undercharged Me

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join 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
424
115
894
Adelaide
changefpa.com.au
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.