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QLD Do I Have a Binding Contract with Car Seller?

Discussion in 'Australian Consumer Law Forum' started by Cynthia Althoff, 21 September 2016.

  1. Cynthia Althoff

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    Hi,

    I have been corresponding with the seller of a vehicle via emails and texts and we negotiated a deal for the car. I paid a 10% deposit to lock in the deal and for the car to be no longer advertised on carsales.com.au and Gumtree. I also organised for an inspection to be done by Redbook through carsales.com which has cost me $250.

    I was to pick up the car today and pay the balance owing. He sent me a text this morning advising that his wife no longer wishes to sell the car.

    My question is, do I have a binding contract with the seller under Australian Consumer Law, as I would still like to finish the deal? And if not, can I be reimbursed my $250.00?

    Thank you
     
  2. Tim W

    Tim W Lawyer

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    Which do you want most - the car, or the refund of the deposit?
     
  3. Cynthia Althoff

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  4. Tim W

    Tim W Lawyer

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    Going only by what you have said here, missing facts missing,
    and with unstated ifs, buts, and maybes, not allowed for,
    I think it will be possible to infer from conduct by both parties that a contract exists.

    In such cases, it can be possible to get people to perform the contract.
     
  5. Cynthia Althoff

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    Hi Tim, Thank you for your response. Can you help me on how I should continue?

    Thank you
     
  6. Tim W

    Tim W Lawyer

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    Start with a letter demanding performance of the contract.
    if this plays out to the end, then you could be looking at a small claims matter
     
  7. Cynthia Althoff

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    Hi Tim,

    Thank you for your response. There was no question of me not receiving my deposit back. What I wanted was for the sale to still go through, in the hope that a contract was in place, due to my correspondence with the vendor and the 10% deposit made to secure the deal.

    As I believe, not based on any proof, that the vendor only wished to pull out of the sale, because he had a better offer. Failing that I would be unable to enforce the sale, I was wanting not only my deposit back, but the $250.00 I paid for a thorough inspection on the vehicle, which would never have been done on a car that wasn't for sale.

    Thank you again
     

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