QLD Handshake agreement purchasing car

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Fairybread

Member
11 October 2020
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0
1
I found my dream car advertised privately on Gumtree. Went and inspected the car, test drove it, agreed on price, offered a deposit but the seller declined saying he would hold the vehicle for me. I could see he loved the vehicle and the sale was reluctant. I have since borrowed the money to purchase the car, he agreed to have essential safety checks done, I am having trouble contacting him.

Should he change his mind, is he legally bound to sell me the car? I have travelled hours to inspect the car (had expenses to have my children babysat and find a lift) and borrowed a decent sum of money to complete the purchase. Nothing is in writing, just a handshake and verbal agreement. He advertised the car quite cheap for a quick sale, and this is my only opportunity to purchase my dream car at such a price. Should it not pass the inspection, I am willing to purchase the car unregistered at the adbertised price, however I am confident it would pass and was generally assumed it would. I did not request the inspection, it is necessary to be registered, but not if selling without registration. We did not discuss what happens should it not pass, but when he mentioned the handbrake was hard to pull on, I said that's fine, it's an easy adjustment, indicating I was not going to be turned off the vehicle for small repairs. The hand brake was still operational.

Where do I stand legally? Is it expensive to enforce a verbal agreement? I have screenshot the advertisement, messages stating he is not negotiable in price, messages with his address afterward indicating that I would still inspect knowing the price. I had a witness with me, as did he. I know I could easily purchase another car at no great loss and would most likely do so, I am more curious about the law around this to prevent it happening in future.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,913
820
2,894
Sydney
If this was your mate, not you,
then you'd be telling them
that this deal was suspect,
and too good to be true.

Walk away.