Need an Advice - Sold a car.. and buyer is PIA

alpineraven · 20-05-2011, 09:59 PM

Hey guys,
Ive recently sold a car last week (Subaru Liberty since I now have Ford FG Ute), the guy who placed an deposit is a real biggest pain in the arsé that I've met, I said on for sale ad - RWC will be done after deposit is made, before he placed deposit he said why i didn't do it blah blah... (reason is that I don't know how quickly it'll sell for) so he paid $500 deposit, new windscreen fitted, new brakes etc later, now currently the car is in final RWC inspection - will pass on Monday - hopefully lol!...

Tonight he asked why I'm taking so long - its because of work that we're busy and limited time, plus mechanic's availability and latest stuff up was the brake routers was too thin so had to replace it.... He threaten me tonight that he wanted his deposit back and was gonna send a mate over to pick up his deposit. I settled him down that the car will be ready by Wednesday since he is away interstate till Tuesday evening.

Now, when he placed deposit - he didn't drive test the car, I offered him to - he declined - goes yeah the car sounds really good and running well as he listened, (its done 343,000 kms and sold for 5500 bucks) and he goes "kms does not match condition" - no wonder why its a old mans country car.

Anyway - since he is a pain in the arsé - if he picks up the car on Wednesday and turns around complaining to us that its stuffed and wasn't expecting what he was looking for.... if he comes back and demands his money back (i can image his attitude as hes a bit rough looking - wife said "hes a druggie") is that right I'm suppose to pay it back or what? or once payment is made - that is it? Its a private sale - all cash paid for, receipts written up etc. Only one small problem is the manual transmission is slightly noisy but smooth changing etc which is what I'm concerned about since he hasn't test driven it. Apart from that it drives really well.

Cheers
AP

hiper · 20-05-2011, 10:04 PM

he's an idiot for not driving it before hand.
once its sold, its sold.
the cooling off period (if you can call it that) was the time between the deposit and the the full payment.

mrghia · 20-05-2011, 10:10 PM

your car was sold on the one two warranty once its out driveway two f**kin bad

alpineraven · 20-05-2011, 10:11 PM

exactly!

I wouldn't have bought it if i was looking at it... yes hes an idiot...
Cheers
AP

Kryton · 20-05-2011, 10:13 PM

Private sale = no warranty, no return and no cooling off period.
If he doesnt like it, tell him to take you to court.

Make sure you have a copy of all reciepts, RWC checks and anything else you paid for before he drives off.
Make sure you get his full name, address and license number for your own records as well.

alpineraven · 20-05-2011, 10:17 PM

Quote:

Originally Posted by davway

Private sale = no warranty, no return and no cooling off period.
If he doesnt like it, tell him to take you to court.

Make sure you have a copy of all reciepts, RWC checks and anything else you paid for before he drives off.
Make sure you get his full name, address and license number for your own records as well.

Ive already made up an "receipt" and deposit paid plus balance with his full name and address etc etc plus witness as well.

RWC papers will be filled in before payment is made that includes his license number as well.

Cheers
AP

alpineraven · 20-05-2011, 10:20 PM

AH...

http://www.moneybuddy.com.au/car-loa...ying-privately

Cheers
AP

alpineraven · 20-05-2011, 10:46 PM

what about - if he comes and says "i want to test drive" and changes his mind - what happens to his deposit?

he mucked me around for new brakes, windscreen, RWC and my time etc.. I didnt write "non-refundable" which I should have, is he entitled to get his refund or 50/50 refund or I get to keep it? he hasnt been abusive but very pushy..

Cheers
AP

XRATE-UTERUS · 20-05-2011, 11:01 PM

Subaru Liberty done 343,000 kms and sold for 5500 bucks. you did well id leave the country!!!!! lol....nah seriously **** him thats the point of a deposit

Road_Warrior · 20-05-2011, 11:03 PM

Tell him if he gets lippy you'll smash him.

svo supporter · 21-05-2011, 12:57 AM

Being a "druggie", I'd be giving his money back if he demands it.

Of course, by law you don't have to and all the rest of the garbage, but at the end of the day, these idiots are unpredicable and it's not worth a possible hosptial visit for yourself over a bloody car.

JC · 21-05-2011, 01:00 AM

Tough one. In reality, he has a contract to buy the car - it's a verbal contract, and is backed up by a receipt for the deposit, so should be enforceable. If he turns up to collect it, but demands his refund back, I'd say you don't have to give it back, because you spent that deposit (plus more???) to get the RWC. But on the other hand, he knows where you live, so he may just come and take it at a later date. Like I said, it's a tough one.

FgNewbie · 21-05-2011, 01:24 AM

Tell him to get stuffed but book the ambulance first.

Your wife thinks he is a druggie.
You think he is rough looking.
He has already threatened you.
You think it will end once he takes delivery?

Is your family's good health and wellbeing worth more than 5500?
Give him his money and move on.
Life is too short.

**Professor Farnsworth** · 21-05-2011, 01:35 AM

I recently put $100 down on a new car bought privately. The owner went and got the rwc, which cost less than my deposit, and then i had my current car breakdown in a big way, so was unable to go through with the sale. I told the seller to keep the money, it's the gentlemanly thing to do. albeit a bitter pill.

jpd80 · 21-05-2011, 02:13 AM

Private sale vehicles are usually a lot cheaper than cars on the dealers lot but they don't
come with a warranty, we're all big boys and girls here and if you're not comfortable
with the quality of a vehicle from a private buyer, then go see a dealer, don't expect
the private buyer to give back up service, warranty or even a courtesy vehicle...

Believe me, there are prizzys out there that expect all the above on a $5,000 sale...

Baby_phantom · 21-05-2011, 02:17 AM

Not worth it man, as other's guy pointed out its not worth it these junkies have nothing to live for and dont care what happens, 500 bux is nothing when family comes into play. Ps even if you could manage him dont cause these junkies can come back for you when you least expect :P

outside · 21-05-2011, 05:18 AM

you where going to have to spend the money on it no matter who was going to buy the car.
give him the money back, the repares needed to happen
just add the cost of the repares to the price of the car and sell it to the next person

XDV800 · 21-05-2011, 09:12 AM

Just make sure he doesn't have your residential address, do the sale handover at a servo or someplace like that with some bystanders around in case he decides to just take the car without payment also. Accompany yourself with an ally or 2.

Stand your ground, don't be bullied, he could just waste your time, if sale falls through then you are entitled to that deposit, thats the point of it. You have held the car for him, if he reneges, then he loses deposit.

Best of luck

pottery beige · 21-05-2011, 09:34 AM

tell him to go jump you've blown his deposit on gear.......

Mr Hardware · 21-05-2011, 09:34 AM

Farnsworth is right. Anyone who puts down a deposit is a risk on THEIR behalf not the seller's behalf.

That being said, OP, I NEVER do it the way you did it.
When I sell cars, I get them ready to the point that someone could walk up to me with the cash and it'd be out of my life in 4 minutes.

Cars are great, but i've never had a buyer of one of my cars who i liked. I only like them for their money, and I want it all ASAP.

Kryton · 21-05-2011, 10:25 AM

Quote:

Originally Posted by Mr Hardware

but i've never had a buyer of one of my cars who i liked. I only like them for their money

So it isnt just me then.

**TUF_302** · 21-05-2011, 01:46 PM

Once he pays for it, its his problem, plain and simple

atec77 · 21-05-2011, 02:01 PM

Quote:

Originally Posted by alpineraven

Hey guys,
Ive recently sold a car last week (Subaru Liberty since I now have Ford FG Ute), the guy who placed an deposit is a real biggest pain in the arsé that I've met, I said on for sale ad - RWC will be done after deposit is made, before he placed deposit he said why i didn't do it blah blah... (reason is that I don't know how quickly it'll sell for) so he paid $500 deposit, new windscreen fitted, new brakes etc later, now currently the car is in final RWC inspection - will pass on Monday - hopefully lol!...

Tonight he asked why I'm taking so long - its because of work that we're busy and limited time, plus mechanic's availability and latest stuff up was the brake routers was too thin so had to replace it.... He threaten me tonight that he wanted his deposit back and was gonna send a mate over to pick up his deposit. I settled him down that the car will be ready by Wednesday since he is away interstate till Tuesday evening.

Now, when he placed deposit - he didn't drive test the car, I offered him to - he declined - goes yeah the car sounds really good and running well as he listened, (its done 343,000 kms and sold for 5500 bucks) and he goes "kms does not match condition" - no wonder why its a old mans country car.

Anyway - since he is a pain in the arsé - if he picks up the car on Wednesday and turns around complaining to us that its stuffed and wasn't expecting what he was looking for.... if he comes back and demands his money back (i can image his attitude as hes a bit rough looking - wife said "hes a druggie") is that right I'm suppose to pay it back or what? or once payment is made - that is it? Its a private sale - all cash paid for, receipts written up etc. Only one small problem is the manual transmission is slightly noisy but smooth changing etc which is what I'm concerned about since he hasn't test driven it. Apart from that it drives really well.

Cheers
AP

Once he accepts the car and leaves all bets are off , the rwc proves condition and he is sh*(e out of luck ,
have some visitors when he comes back just in case , no refunds no fouls
If he persists sue him for breach of contract

MattSAU2XR8 · 21-05-2011, 03:51 PM

If he knows where you live and is 'a druggie and looks a bit rough' and you're not a bikie/cop/bodybuilder/martial arts instructor then you probably want to have as little to do with him as possible. If you **** him off he'll probably just sneak back one night and key your FG or take a crap in your letter box. Although to be reasonable not every rough looking druggie is a vandals or a thug.

It may also be that he can't come up with the full $5500 and this is part of why he's being difficult - spent all his money on drugs and pokies and cigarettes and so is stressing about this.

Since you will have the roadworthy by Wednesday I'd just ask him if he's still happy to buy the car, and really labour the point, get him to have a chat on the phone to the mechanic that did the roadworthy etc. Then if he buys it he probably does want it and won't blame you so much if it doesn't work out since the mechanic told him it was all good.

And if he doesn't want it anymore just give him his money back and re-advertise it. You more or less advertised it as a roadworthy proposition anyway and so the 'inconvenience' of getting a roadworthy was your responsibility anyway. If you end up getting a bit less than $5500 for the car in the end then this would be its true value anyway, i.e. what a sane person who is not a druggie would pay for it :-)

I had a similar problem myself years ago when I sold a motorbike to a local druggie effectively on credit. I let him have it on 50% up front and 50 % to follow in a few weeks, then he forgot to pay the second 50%, then I repossessed it, then he came around with his mates wanting his money back (polite enough though) and then he came back again a few weeks later with all the money and bought it and was happy. Turned out OK in the end but would have been a lot less trouble just to unload it to a person with a job and enough money to pay for it in the first place.

familybus · 21-05-2011, 04:14 PM

easy to say yeh **** him and keep his money or flog him but at the end of the day whos gonna be there when he torches the car because you kept the money or whos gonna go to your joint when you not home and sit there and guard your family and possessions when your not home?

NO ONE!!!!!!!!!!!!!!!!!

meet up with him with $500 in yah pocket on the day you said the car would be ready and if he chooses not to go through just give him his dosh and nicely walk away from the deal knowing this filth is out of your hair!

but before he touches the car view his license and write his details down so if something does go wrong then you can deal with it in other ways that wont threaten your or your family's well being.

SEZ213 · 21-05-2011, 05:02 PM

I'd be pushing the point for him to actually test drive it...then he can't say he didn't know.

Yes, buyer beware, blah blah blah, but that's not what I'm getting at - if he's rough looking and your missus doesn't like the look of him...be very careful - it's a sad truth that those gut feelings are usually right.

Best to be careful and look after yourself, than to risk anything over money...I know it's a 'what if' - but I'd personally rather be cautious in this situation given the way you've described him...

nstg8a · 21-05-2011, 05:20 PM

or maybe dont judge him by your stereotyped opinions and treat him with respect, and let him buy your car.

he possibly pushy because maybe he is thinking you are the scammer, and hes just blown $500...

if in the end he throws a tanty and pulls out of the deal, so be it, as said above, you would have had to do all the work anyway, so its an inconvenience, nothing more.

fakegt · 21-05-2011, 08:12 PM

Tell him you've been offered $6500 for it and you want to pull out of the deal and give him his money back. He then might think he's missing out on a good deal and refuse to break the deal.

alpineraven · 23-05-2011, 09:02 AM

Thanks guys - very helpful!!! Now I know where to stand.
Cheers
AP

302 XC · 23-05-2011, 09:53 AM

Quote:

Originally Posted by fakegt

Tell him you've been offered $6500 for it and you want to pull out of the deal and give him his money back. He then might think he's missing out on a good deal and refuse to break the deal.

Yep that sounds good
Have his $500 sitting there

The risk is dont pay his deposit,anything could happen, i mean it is 2011
People will retribute over the silliest things

Leave it till he is back on tuesday, ring him and find out the problem/answer
You chase him, dont wait for him to chase you
Anybody else gets involved, tell em its not their prob, youll only deal direct to ol mate
When ya ring him hit him up, "Whats the go,ya want this car or not"
"Well ive got someone else who does, come get ya deposit"
Be assertive

Ya dont want people like this in your life