QLD motorcycle deposit - incorrect contract

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kye09

Member
11 April 2019
1
0
1
hey
I recently gave a $1500 deposit for a motorcycle advertised on gumtree that needs some repair (not written off but has no front wheel so not rideable) the bike was advertised in Melbourne and I am in QLD
I spoke to the guy on a Saturday we came to a agreement in price and I was going to organise transport and then once transport is organised pay the whole amount and have bike transported to me.
however he then contacted me and said someone else wanted the bike can I give a deposit as it was a weekend and by this time very late I couldn't organise transport but didn't want to miss out on the bike so I agreed he wrote up a receipt on he's end and I paid the deposit.
Monday came I called around to organise transport and then found out that the bike in the state it was in was not transportable unless I wanted to pay HUGE fees.
I contacted the guy and let him know the issue he understood and said let me try from my end to see if we can transport the bike another way I agreed.
a day went by and I herd nothing so I tried to contact him several times over mobile and txt but no answer the next day I tried again he then began hanging up on me.
this turned me off the sale so I txted him (as he wouldn't answer) and pretty much said-whats going on I haven't herd back I'm thinking of backing out of purchase as I can't get a hold of him give me my deposit I'm happy for you to keep a percentage for the mess around.
he then wrote back pretty much saying sucked in not getting a my money back.
I then told him no I don't want to lose the deposit ill take the bike can you call me to sort it out.
after several attempts and being hung up on I then seen the bike put back up and advertised for sale.
I looked over the receipt he wrote up looking to see if I had a leg to stand on and noticed a few things-

-I never signed it?
-it was advertised and written on the receipt as a 05 model but I have now found out that it is in fact a 04 model
-the vin number on the receipt doesn't match the bike (missing digits)
-the remaining amount on the receipt had no term set as to when I would pay

so I would like to know do the above factors favour me in getting my deposit back as the receipt has incorrect details and the bike I place a deposit for was incorrect?

and due to the fact that I told him I still want the bike and the receipt has not date to when I was going to pay the remainder is he aloud to sell the bike?
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
Best thing to do would be to report him to the Police and stay away from Gumtree altogether - there are countless scam artists like this guy on Gumtree and it just keeps getting worse.