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NSW How to Get Car Deposit Back from Private Seller?

Discussion in 'Australian Consumer Law Forum' started by Petko Petkov, 15 June 2016.

  1. Petko Petkov

    Petko Petkov Member

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    Hi,

    I have been sold a faulty vehicle from a private seller. He claimed the car is roadworthy. At the time, I believed, so I bought it. Then I went to the mechanic to get my pink slip and ended up with a bill of $10,000 AUD. So I decided to scrap the vehicle and lose $7,000 AUD (which is what I had spend so far).

    What can I do under Australian Consumer Law? Can you help me to get my $7,000 AUD back from the seller?

    Cheers,
     
  2. Victoria S

    Victoria S Well-Known Member

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    Hi Petko,

    Australian Consumer law does not apply to transactions through private sellers. However, you can rely on the principles of contract law to sue him for a remedy in the small claims court. In particular, you could claim that he made false or misleading representations about the nature of the vehicle you were purchasing and therefore you are entitled to claim compensation for your loss.

    Since it appears you have already sold the car for scrap and have made up some of your loss, you would only be able to claim what you are out of pocket, not the full purchase price.
     
  3. Petko Petkov

    Petko Petkov Member

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    Thank you Victoria,

    Would there be a lawyer you could refer me to utilise?


    Cheers,
     

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