NSW False information on Classic Car

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Biscuits

Member
3 August 2017
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Hi,
Firstly, I am not sure how much specific information I am allowed to put here, so i have been a little vague in places.
I 'won' an online auction of an interstate located classic car. During the auction I asked the seller some questions on the authenticity of the vehicle. The main areas of concern for this type of car is that the Vehicle Identification Number (VIN), Manufacturers Model Number, and Engine Numbers all line up to be considered 'Genuine'.
They replied to me with a photo (note Letterhead, Recipient, and Date cropped off photo) of a letter from the manufacturer which confirmed the car and listed the engine number that was in another photo. I then replied to them commenting that the prefix on the engine number wasn't what i expected for this type of car. They again replied that they had the xxx Car Club of their state confirm the authenticity, and agreed that only a small number of this type of car had the engine number prefix in question - they even stated that 'they had checked the microfiche and it was correct'.
After 'winning' the auction, and speaking to them (when they verbally stated the authenticity) I EFT'd a deposit to them. I then met someone who i mentioned my pending purchase to, who was an enthusiast. This person did some checking and in less that 10 minutes had production information on the specific car and confirmed the original engine number which was not the same. They even identified what type of car the engine was from, and that it was at least 1 year older than the car.
As soon as i had this information i called the seller and discussed the dilemma, and agreed to 'get back to them in a few hours' with my decision.
When i told them that i wished to 'pull out of the deal' due to the new information, they no longer answered the phone. Through the online auction messaging i listed all of my concerns and wish to cancel, plus requested a return/refund of deposit. I now only get responses telling me "please pay $xx in 24hrs" to every message i send.
OK, so the facts are:
1. Private Sale - through online auction site
2. Written information supplied that is not true
3. Deposit paid ($1000, so not really willing to go 'over the top' with legal costs).

Any comments/ideas on what rights i have, or what i should do now?

Thanks in advance for any help!
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Send a letter demanding your money back within 7 or 14 days and why you believe your are entitled to the money.

If not deposit is not returned within the timeframe go to court.
 

stephpull

Member
14 June 2021
1
0
1
Apparently, you have been deceived, my friend. You need to deal with this auction through the courts, and that's the only way. They decided to fool you, but you should just go to the local court, and they will help you. I am generally against all these auctions because, most often, they sell stolen or converted cars. If I wanted to take a ride in a classic car, I would most likely have used the service with the rental of classic cars and would not have experienced any problems. But this is my opinion. I hope that you will decide everything, good luck to you!
 
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