QLD Request a refund of deposit paid for a car on Gumtree

[Joyce Agaru]

I paid a deposit of $450 for a car from a private seller on Gumtree 4 days ago. We agreed to pay the balance upon pick up. However, due to a family emergency, I am unable to pay the balance and have not picked up the car. I called the seller advising of my situation and asked for a refund of my $450. He advised that he will not give me a refund unless someone else buys the car. Also that he will readvertise etc. I feel I am entitled to a refund as I have not even received the car. Please advise on what my rights are.

 

[Lance]

Hi Joyce,
The problem you have is that you entered into a contract of sale to by the vehicle and now because of something independent of the sale you want to cancel the contract. The deposit depending on agreement could be a non-refundable holding/purchasing deposit or refundable. I have to be honest and say I think the seller is being reasonable saying they will return the deposit back on sale of the vehicle. I'm sorry but you breached the agreement and will get the money back after sale.