QLD Car Private Sale - Purchaser Hooning after Paying Deposit?

[Timtam]

I recently agreed to sell my car privately. I was given 3500 deposit and the man buying car was to pay the remainder off. I went on holiday and he was to have the car for a night. He returned the car a week later. He borrowed the car again for the night and returned it again a week later. I have since discovered the car was being dragged raced. There is damage to the spoiler back seat and 3 tyeares.

The car was taken with a full tank of fuel and returned with 20klms of fuel left in it. I can't drive the car as the front tyeare is completely flat and I need it fixed first. The man says he won't pay for the damages but wants his deposit back. I think the deposit should go towards having the car fixed as he can't pay the remainder in full. He wishs to pay it off at 250 a week. I refused.

He was seen doing burn outs in the car racing it and smoking in it when I don't smoke and told him not too. This is my only car and he has damaged so I cannot drive it. What is the law when it comes to selling a car privately. And I within my rights to keep his deposit? I will be getting quotes on the damages and forwarding to him. He says he will only replace two rear tyeares and have the car detailed when there is paint missing and brakes have been over heated.

Any help would he greatly appreciated. Thank you

 

[John R]

Hi @Timtam,
Did you have a written agreement with the purchaser?

 

[DennisD]

Hi Timtam
Which state?

 

[Timtam]

Hi @Timtam,
Did you have a written agreement with the purchaser?

Hi no there was no written agreement.

 

[Timtam]

Hi Timtam
Which state?

Queensland thank you