VIC Need help - Car Purchase Deal is Cancelled by Seller and not runding deposit. Please read and advice

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21 April 2018
Hi Everyone,

My name is Nikhil, I need advice on below matter.

I was searching a used car for my personal use on a well known car selling website. I liked one Honda City car, So contacted the seller (Private Seller) and He gave me a time for inspection, I went and inspected the car, We agreed on 9200$ which is in written on SMS send by him and so I paid him 200$ Via Bank transfer as deposit, after that I have booked inspection on my cost with well known car inspection company, after inspection reports car seems okay so based on the mutual agreement Seller has done the roadworthy, during initial discussion seller told me that This car is on his wife’s name. I said okay, this is very normal case. During my two meetings he looks very gentle guy.

When Road worthy is done, He told me to come and pay the amount and get the car papers, when I reached to sellers place for final payment and car transfer process, seller was trying to give me insufficient document (Just a form which is already filled, don't know who filled and signed the form, No Registration certificate, No Identity document to prove that who is owner of the car and who is selling the car, 1 Key, The address mentioned on the form is different where he is currently living) and pushing me to transfer full amount quickly.

When I asked about Registration Certificate Copy or Driving License copy of the owner of the car which is mentioned on VicRoads Transfer of ownership form as Buyer guidelines. I had shown him the guidelines written on the form as well but he denied to provide any further details. I don't know why he was hiding information if he is selling car as a private seller. Any private buyers will require these documents for the transfer of car ownership.

---Frankly speaking, I didn't wanted to get into trouble by paying full amount and getting insufficient document which could be big hassle for me during ownership transfer process.---

Just 2 min after He told me “I will not sell my car to you are asking so many things, I will put my car again on Website at 11000$” He really did that" after 30 min I got notification on my email about price increase. I told him about the deposit refund he said, He will not return. When I come home I have sent an SMS as well but no reply.

Now He has increased the price of the car and may cheat another Buyer in the same way, Guys any suggestion or help in my case, I am a new migrant here, unfortunately this is the experience I got during my first car purchase.

I have bank transaction details and Inspection invoice as a proof which costed me total 100$ + 100$ + 319$ = 519$. And due to his change of mind OR due to any reason, This is big loss for me.

Additionally, I had purchased Car insurance in advance before making final payment for the car because I didn't wanted to ride car without being insured. Unfortunately, I had to cancel the Car insurance policy as well. Insurance company was very good they didn’t charge anything.

Guys any suggestion or advice for this condition. I couldn't sleep properly after this incident.

I am new to Australia and I have very less knowledge about the laws here and being a full time working professional don’t have enough time to run here and there.