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Car Private Sale - No Longer Want to Sell

Discussion in 'Australian Consumer Law Forum' started by Russell, 5 July 2014.

  1. Russell

    Russell Member

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    I have taken a holding deposit for the private sale of my car. No written contract for the sale was written. Upon further thought, I have decided not to sell the car and want to issue a full refund of the deposit the buyer has given me. But the buyer is now threatening me and forcing me against my will to sell my car with very threatening statements, refusing to pass me the banking details for the refund. Do I have my legal rights to withdraw my sales under Australian Consumer Law? I feel very threatened.
     
  2. Tim W

    Tim W Lawyer

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    Being in writing is not critical to the existence (or not) of a contract.
    That said, there may be rules in your state about dealing in motor vehicles (in particular) having to be in writing.

    Vendors sometimes say this when somebody tells them something along the lines of
    "...you could have got more for it if you had waited...", and so they want out of the deal.
    (I do accept though, that people can have reasons for wanting to back out of a deal are indeed genuine)

    It's not against your will. You willingly made an agreement to sell the car.
    You were so willing that you took a partial payment.

    It's not like there was never a deal. You made one, and now you want to unmake it.
    He's not "forcing" you to do anything. You've already agreed to do it.

    What the buyer wants is for you to stick to the deal (in lawyer-speak, to "perform the contract").
    Perhaps what you perceive as threatening is merely his frustration coming through
    as he tries to persuade you to stick to a deal you willingly made.

    A deal, fairly made, is basically a deal.
     
  3. Russell

    Russell Member

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    Thank you for the response William. I do have my genuine reasons for backing out on the deal, and am not intending to sell the vehicle. What should I do?
     
  4. Tim W

    Tim W Lawyer

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    Have you explained to the other party what your reasons are?

    If you have not, then that might help.
    You may not want to, for example if they are personal or sensitive,
    but basically, you've got pretty much nothing else to work with.

    If you have, and the other party has not accepted them,
    then your obligation to perform the contract (ie stick to the deal to sell the car)
    basically remains.



    PS: I am called many things, but rather than 'William", I am usually called "Tim".
     
    John R and Russell like this.

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