VIC Obligations Under Australian Consumer Law Once Deposit is Made?

[Kate11]

I recently had my old car for private sale for $1000(it is quite old). A couple inquired about it, returning the next day to take a closer look. They were very interested and asked if they could pay $100 deposit and return the following weekend with the remaining $900, explaining if they couldn't they would let me know and would come during the second week.

I said that was fine...'A week, two would be fine.' That was over two weeks now. I have sent three messages, one after the first week asking if they could text before they come as I was in and out and wanted to make sure I was home.

The second asking were they interested, as it had been almost two weeks since deposit was made and I had not heard from them. The third was today asking them to let me know their intentions and suggesting if I receive no response by the end of the week, I will put a For Sale sign back up and assume they are not interested.

My question is, what is my obligation since I have taken their deposit under Australian Consumer Law? I am happy to return it if they are unable to pay the remaining money or if I was to sell it to someone else.

 

[Lance]

Hi Kate,

It sounds like you are being more than reasonable and you have made many attempts to contact the buyers. The only Australian Consumer Law obligations you owe the buyer is Clear title, Undisturbed possession, and Undisclosed securities.

You are bound by a common law agreement but I believe that you have likely fulfiled this agreement by holding the vehicle longer than the agreed one or two weeks and then trying to contact the buyer regardless of no reply. If you feel well intentioned, you could keep the $100 to give back to them if they return. Apart from that it sounds like you have gone above and beyond.

This blog isn't completely relevant buy it explains you ACL obligations in more detail: https://www.lawanswers.com.au/blog/faulty-second-hand-car-your-options-as-a-buyer/

 

[Sophea]

If you feel well intentioned, you could keep the $100 to give back to them if they return. Apart from that it sounds like you have gone above and beyond.

I agree with this, if they really cared about their $100 and were serious about purchasing the car they would have come back as they said. I would feel free to sell the car and keep the deposit, or be a nice girl and pay it back if they come back for it.