VIC Private car seller refuse to return deposit

[shoopshoop23]

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]

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]

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]

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]

VCAT can't help for a private sale.

Do a claim though the Magistrates Court.

 

[deanie]

hi
, I sold car and buyer had change of heart and wants to return car, am I obligated to accept that?.it was $8000 via bank transfer. thoughts?

VCAT can't help for a private sale.

Do a claim though the Magistrates Court.

 

[Tim W]

hi
, I sold car and buyer had change of heart and wants to return car, am I obligated to accept that?.it was $8000 via bank transfer. thoughts?

How much of it have you already spent?

 

[deanie]

How much of it have you already spent?

half of it spent, I just thought private sale no cooling of period, am I legally obliged to accept return of the car?

 

[Tim W]

...am I legally obliged to accept return of the car?

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

 

[deanie]

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

just change of heart, silly things like it's bit bigger, as car has road worthy, nil issues with it, service history..no real reason..I gave option think about it, they offered 8k when price was $8700 , test drove it, and accepted offer of 8k, paid on spot and drove it away. so I did not accept return. nothing more has been said, but I was just seeing if and what happens if at they can, take it further, which I don't think they will but legally can they? after interenet research, private car selling, no cooling of period, so just obtaining advice in case of. I did explain this to buyer, they admit they no they can't return it but thought the try.