VIC Private car seller refuse to return deposit

[Tim W]

Going only by what you have said here,
missing facts missing, and with any unstated ifs, buts, maybes, exceptions, and unlesses not allowed for,
once a deal is done, then a mere change of mind by one party to a contract is not in itself a ground to un-do the deal.

The point of contracts is certainty.
A deal, once honestly and fairly done, is a deal.

Next possible thing is that you will receive, vague, non-specific threats of "legal action".
Reply to any such threats with - "Ok then."

 

[CirLott]

Maybe, maybe not.
What reason has he given for changing his mind?

I don't want to take up your time, but let me ask you this. Does the reason for the return affect the court's decision?

 

[Tim W]

Yes.

 

[zaffin]

shoopshoop23 check out this new legal ai tool I've been using. It's a bit slow but just released and free https://legalmind.com.au . This is it's response to your question:

"
From the perspective of legal advisory, one may suggest multiple actions to seek to resolve this issue. As a starting point, it's worth noting that regardless of location, a common principle of common law generally holds that individuals should honor the promises they make. This precept forms the basis for legally binding contracts and has been reinforced by Australian cases such as Legione v Hateley (1983).

If you can prove that you made a verbal contract with the seller, including the agreed-upon price and your payment of the deposit, this might constitute a legally enforceable agreement. This is detailed in the Competition and Consumer Act 2010, under Australian Consumer Law (ACL) which suggests that in situations where contracts are not honored as agreed upon, the injured party may take legal steps to ensure enforcement.

Since the seller is now unwilling to comply with the initial agreement, it may be pertinent to ensure that all communication attempts with the seller are well-documented, as suggested by the Information Privacy Act 2000.

You may want to consider sending a Demand Letter, which may benefit from being prepared by a legal professional. This letter is a formal communication that states your legal rights and demands the return of your deposit. The letter strengthens your position and proves your attempts to recover the deposit reasonably and amicably."