VIC Private car seller refuse to return deposit

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shoopshoop23

Member
19 May 2021
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0
1
Hi everyone,

I paid a deposit of $500 wanting to purchase a car from a private seller. He now wants to sell at a higher price. I said no and asking to refund the deposit. I have been calling and texting both him and his wife but no luck. Any idea how can I get the deposit back? What is the right I have in this situation? Should I send a Demand Letter through lawyer? Is the cost going to be exceeded the $500 deposit?

Any advice is very much appreciated.


Many thanks!
 

Atticus

Well-Known Member
6 February 2019
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251
2,394
paid a deposit of $500 wanting to purchase a car from a private seller.
Did you receive a detailed receipt for the deposit, ie, car make, model, year, registration number...... Dated & signed by seller?

Did the receipt also state clearly that the $500 was for the purchase of the described vehicle & that $xxxxxx amount was the balance payable?
 

shoopshoop23

Member
19 May 2021
2
0
1
Did you receive a detailed receipt for the deposit, ie, car make, model, year, registration number...... Dated & signed by seller?

Did the receipt also state clearly that the $500 was for the purchase of the described vehicle & that $xxxxxx amount was the balance payable?
Hi,

Yes we did sign an 'agreement' stating I am putting down a $500 to purchase this car. It has details of car make, model, year, registration number, VIN number. It also states the seller needs to fulfill certain conditions before I pay the remaining balance. If those conditions are not met, seller has to return full deposit.

Many thanks!
 

Atticus

Well-Known Member
6 February 2019
1,781
251
2,394
I would start with a letter a letter of demand (you can DIY, plenty of examples on the web) Give a date to pay it by (maybe14 days) & what will happen if it's not paid, ie, you will apply to VCAT & seek the costs of the application as well.
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,087
954
2,894
VCAT can't help for a private sale.

Do a claim though the Magistrates Court.
 
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