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NSW Gumtree - Get Back Deposit on Car?

Discussion in 'Australian Consumer Law Forum' started by DESPERATE, 28 April 2015.

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  1. DESPERATE

    DESPERATE Member

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    Hi, I paid a deposit via bank transfer of $500 on a car that was advertised on Gumtree. This is an old car, 1958, the ad read that "the car is in top condition and that it would be an excellent show car. When I rang the owner he said the car was in good condition and answered the following questions.
    Is there any rust? none. Are the seals on the windows in good condition? yes. Are the seals on the doors in good condition? yes. Does the engine blow smoke? no but it doesn't run at the moment because the fuel pump is broken.

    I decided to buy on his description paid the deposit and then hired a car trailer and drove 600 klms to pick it up. Upon inspection, I find that the car has rust in both doors and the front guard. There is also evidence that there is a fair bit of bog around the car indicating rust repairs. The window seals are perished and there are no doors seals on the car at all. The brakes don't work, the clutch doesn't work and the upholstery is torn and in need of repair. There is also evidence of this car being in a front end collision; the left inner guard is bent and the left outer guard doesn't align properly. I mentioned all of the above and told him that I wouldn't be going through with the purchase and that I would require my deposit back minus out of pocket expenses to him, such as re-advertising.

    Do I have a claim to my deposit? There is little truth in his advertisement regarding the condition of the car. It was only at best in poor to fair condition and should have been advertised as such.
     
  2. Michael T

    Michael T Well-Known Member

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  3. Ivy

    Ivy Well-Known Member

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