no refunded deposit after private car sale car was involved in an accident
As the title suggests, the car we had agreed to purchase privately and had just paid 1k deposit on, was invovled in an accident on the way home from its roadworthy. We told the seller we'd like to test drive it after it was repaired and then decide if we still wanted it. We did give the impression we'd still buy it as there was no structural damage (though it did need a whole door replaced) but by no means said we definately would.
Anywho, after a week or two of thinking about it (it was still waiting on repairs due to insurance slowness) we decided not to go ahead as we werent' comfortable that it had been in an accident.
Rang the guy who begged us to reconsider, he'd lower the price yada yada but eventually accepted that we weren't interested. As a sweetner we said we'd pay for roadworthy ($130) and readvertising cost ($100). In hindsight, he never took the car off the carsales website (which would have only cost $50 anyway) so never needed to readvertise but anyway. And we obviously didnt' have to pay for the roadworthy but anyway. My DH was feeling a bit bad! Seller agreed to refund $770 (though tried to make us pay for the new tyres it needed for the roadworthy too which we refused of course).
Two weeks on, no money, two emails and a phone call last night and he's saying he's spoken to his solicitor who said he doesn't need to refund any money at all.
We've spoken to consumer affairs who said we should get the money back but it will take 9 months.
We don't believe this guy has spoken to a solicitor as the advice given sounds like rubbish and scare tactics.
BUT are there any solicitors here who could confirm that we'd not get any money back before we lodge this consumer affairs??? For the record, we'd now be asking for our whole 1k back given this guy has no integrity (we think) and isn't even grateful for us offering to cover the roadworthy etc. Adn he's resold the car so it's not like we stuffed up his future sales or anything...
the small claims tribunal might be able to give you some advice
I cant imagine that he'd legally be entitled to keep the deposit though because the fact is that the car that you agreed to purchased was not involved in an accident and now the car has been involved in an accident. So really, your $1,000 was put an an accident free car....he should have given you the option of changing your mind based on the new circumstances of the car. And if he has sold the car, then he should be liable to give you back your deposit.
I'd never give that much money to a stranger as a deposit. We've just bought a car from a private seller ourselves from carsales but we only gave a $100 deposit....you just never know.
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no refunded deposit after private car sale car was involved in an accident
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