NSW Private car sale - Can the seller pull out the sale and refund the deposit?

[xbxb333]

Hi,

I would like to know the seller's obligation for car sale in NSW.

I inspected the car from the private seller, and I decided to buy the car but I needed time to release my term deposit of at least 31 days. Therefore, I & the seller agreed to pay the deposit on that day and pay the remaining balance no later than 2 Mar 2024. But today, I received a message saying that the seller wants to return my deposit and keep the car due to his mum got car accident so she wants to use the car as her car got damaged a lot.

Before paying the deposit, I made a vehicle receipt including the all details (Deposit amount, car selling price, VIN number, Rego number & Driver licences for each party etc).In addition, I have included the sentence below:
"The Seller hereby agrees in consideration of payment of the non-refundable deposit to withdraw the above vehicle from the market until the above date and to transfer title of the vehicle to the Buyer upon receipt of the remaining balance due." PDF attached.

In this case, can I force the seller to sell the car as agreed on 02 Mar 2024? We just want that car as we spent a lot of time to find the best car, and we should have given up the interest that occurred up to date for early termination. We look forward to hearing from you soon ! Thank you

 

[Tim W]

Is he willing to give you back the deposit?

 

[xbxb333]

Is he willing to give you back the deposit?

Yes, he wants to refund deposit and keep the car but we want to buy a car. Thank you

 

[Tim W]

...the seller wants to return my deposit and keep the car due to his mum got car accident so she wants to use the car as her car got damaged a lot.

This will be a lie.
More likely, somebody has offered him money (maybe, more money)
and to do the deal now, not in 30 days time.

Time to be realistic.
Get the money back. Make sure you get all of it.
And then, go back out, looking for another car.
--> And buy it from a dealer.

 

[xbxb333]

This will be a lie.
More likely, somebody has offered him money (maybe, more money)
and to do the deal now, not in 30 days time.

Time to be realistic.
Get the money back. Make sure you get all of it.
And then, go back out, looking for another car.
--> And buy it from a dealer.

Hi Tim,

Thank you for your comments but I just want to know the seller’s obligation. Apart from the realistic situation, if we want to buy that car, can we force the seller to sell the car ? Can’t be the buyer protected for this situation even though we have evidence that the tifle of ownership will be transferred to the buyer when we pay the remaining balance? I just want to know if the consumer law can protect the buyer and enforce the seller to perform their obligations. Thank you

 

[Tim W]

I just want to know if the consumer law can protect the buyer and enforce the seller to perform their obligations. Thank you

1. Unless you are buying from a dealer, then this is not a transaction to which the Australian Consumer law applies. The ACL does not apply to private sales of cars.

2. In theory, you might (very, very might) have a case in contract.
But the wording of your DIY document - especially the bit where he ...supposedly...
agreed to take it off the market, rather than to sell it but wait 30-whatever days for payment,
tends to suggest that what you bought was actually an option - the right to buy the car in X days time.

 

[xbxb333]

1. Unless you are buying from a dealer, then this is not a transaction to which the Australian Consumer law applies. The ACL does not apply to private sales of cars.

2. In theory, you might (very, very might) have a case in contract.
But the wording of your DIY document - especially the bit where he ...supposedly...
agreed to take it off the market, rather than to sell it but wait 30-whatever days for payment,
tends to suggest that what you bought was actually an option - the right to buy the car in X days time.

Thank you Tim, appreciate your advice.