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QLD Enforceable Contract for Car?

Discussion in 'Australian Consumer Law Forum' started by michel, 4 October 2015.

  1. michel

    michel Member

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    I recently flew to QLD to purchase a high value car. A discussion occurred, a price offered by me and accepted by the seller.

    I paid a cash (receipted) deposit of 2k. A second receipt was then written, stating total value and balance owing - signed by seller and buyer dated 30.9.15. The remaining monies has been transferred electronically.

    Can the seller (legally under Australian Consumer Law) choose to not proceed with the sale of the car, or do I have an enforceable contract in place?
     
  2. hlly

    hlly Well-Known Member

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    The contract is enforceable, but the vendor can't be forced to give you the car. You are entitled to damages for a breach of contract. The quantum of damages is however much is needed to put you into the position you would be in had the vendor performed the contract.
     
  3. michel

    michel Member

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    Thank you hlly.

    Re: breach of contract. The aspect of damages is/was understood.

    The Q.is currently hypothetical; though given the shenanigans occurring involving third parties -including early morning harassing threatening phone calls - I thought i'd get the issue clarified in my mind.

    To be clear - if I have receipts for the car, if they have the money, the seller can still legally refuse to hand over my property ?

    And my only redress is civil, as other authorities including police cannot act or will not act?
     
  4. hlly

    hlly Well-Known Member

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    Yes, that's right. You could also complain to the relevant state fair trading body, that might help.
     
  5. michel

    michel Member

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    Issue - resolved. The seller of the car, realised they had 'shook hands' and in doing so didn't want to go back on their word.
     

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