UPDATED: Seller reneging on SALE after deposit paid!!

I am having some trouble with someone who is selling me a car.

It was advertised as having a RWC and the seller told me that they would get it once they had secured a buyer.
So I paid the deposit and they went to get a roadworthy but it failed, with a whole heap of little things and a couple of major things wrong with it. Major things: Windscreen, brake master cylinder.

Anyway, they want to cut a deal instead of forking out $$$ and time to get it to pass roadworthy. I dont have the time to replace the parts myself, so I would need to pay for new parts and fitting. Parts alone is about $600.

They want to give me a $300 discount but that is totally unreasonable considering it would cost me close to $1000 to get all up (including all the little bits and bobs, and labour).

Since I paid the deposit under the agreement that a RWC would be supplied, are they 100% obliged to meet this?
I dont think they are going to accept a $1000 discount.

I have thought about just taking my deposit back and going elsewhere, which would leave me back at square 1 looking for a decent car, but this car is much better than the others i have seen on the market in my price range.

Any advice would be greatly appreciated 🙂

[ Edited on 21-4-2006 by kabv ]

Not sure on this one. I assume that when you advertise that the car has a roadworthy you have to supply one. I can understand their not wanting to get the certificate before they have secured a buyer however they should of atleast had an idea of the work involved before going down that path.
Take the car to get it checked over by your own mechanic and also get the report from when they presented the car for a roadworthy, I can't see $1000 (I have gotten 2K off in a near identical situation) off the price being unreasonable, especially since by the sound of it you both factored the RWC in the initial price.

get your money back...don't bother with this car, i have had this problem myself, its soul distroying, having to get all those things done to your car, when all you want to do is drive it, and seeing it every day in your garage not being able to drive it...


oh by the way......im not bitter:cussing

In my view, you should either:
- take back your deposit and walk or
- use the absence of RWC to negotiate a discount and fix it yourself.

Whilst they might be morally obliged to provide a RWC, if you insist on this and force them to do so the work will be done in the quickest, cheapest, shoddiest manner.

Much better to agree on a new non-RWC price and then get the work done properly.

hth

agreed ^. if you seriously want it under any circumstance then find something mutual. if not then use this failure to secure a discount worthy of you wanting it, or get your money back and walk.

^ Yet another agreeance here. Remember there is no warranty an a private sale car, so it is always wise to get a pre-purchase inspection. Spending $50 a few times until you find the right car is always healthier in the end rather than a money pit.

I sold a car once with a pre-sale roadworthy inpection once. The idea was that I got the inspection, but not the actual certificate until a buyer was found, then I paid for the final inspection and certificate. It gave me time to fix anything before final sale, and let the buyer know that it was ready for the actual RWC.

The other thing to remember is that a RWC is only a certificate that the vehicle passes the requirements for roadworthiness at that particular time and gives no indication of general condition of other mechanical components.

The fact that the car is much better than the others you've seen in your price range prob means it's worth more. The seller obviously wasn't expecting the extra spend.
If they'd had a "roadworthy inspection" done in the first place, they'd have been able to factor the extra cost into the price, which means it may have been out of your price range anyway.
So...how good is the car? How much do you want it? Can you spend a bit extra to get what you want? Does the seller really want to go through the process of finding another buyer?
Sounds like there's a deal in there somewhere.
I doubt the seller is trying to dud you.

Thanks for the advice guys.

I have spoken with the seller and am working on getting some quotes. They are getting the car looked at by a vw workshop and after that they will know the real cost of getting it up to rwc. I dont think that they want to stuff around finding a new buyer, so it sounds like they will fork out the dosh. It is only the chip in the windscreen and the brake master cylinder that are serious. All the other things that were picked up were pretty much cosmetic, eg: tail light lenses cracked at bottom screwhole, doorcard pocket detached at bottom, drivers side window winder round bit loose, door seals a little chewed up at the bottom.

I did a thorough inspection and I had already picked up everything the roadworthy picked up. I knew that the windscreen and master cylinder would need replacing and assumed that the seller was prepared to pay to get these things replaced. I didnt think the cosmetic things would matter though and knew I would fix these in the coming months after I purchased the car.

Anyway I should hear from them today. I guess we will see how things go 🙂

Best of luck! 😀

OHHHH the shit has hit the fan now!

Just spoke to them on the phone.
Someone else has offered to purchase the car for a higher price.
As I said, I have made a deposit already.
Hence the seller is obliged to meet the agreement, right?

They are saying that I can have it for the originally agreed price, but without RWC.
If I do not want this they are going to sell it to the other person. They will refund my deposit.

I tried to negotiate a discount and finalise things but they say that is now out of the question. I have worked out that I can fix the little things easily and cheaply, but I would not accept less than a $500 discount (due to the screen and master cylinder). They say they are not willing to negotiate.

I do not want this car any longer just because the sellers are completely f**ked, but I think that because they are trying to screw me over I should'nt give in just yet.

Do I have legal rights? Should I exercise them?

If it were me, I'd get my deposit back and move on!

There will be a better deal just around the corner..!

get-your-deposit-back-asap

:cussing:cussing:cussing:cussing:cussing

Mmm,
yeah thats what I'm doing
dont want to get too bogged down in this

I just called them and I am leaving to get my deposit back now 🙂
They offered a cheque but I said it must be cash (I paid cash).

yeah mate walk on that for sure

I wonder if it's someone on AVD who's buying from under you after reading this post?

I doubt if someone else has made an offer - sounds like bollocks to pressure you to buy. You did the right thing, called his bluff and told him to F.O.

It turns out that she "spoke to some members of the vw club today and they told me what it was really worth".

I dont think that anyone had made and offer either. I wont be surprised when it is advertised again at a higher price. For your information it is a 1968 beetle, blue in colour, vic rego OIF 252. Originally advertised for $5000 with RWC. The seller reckons that the engine was fully rebuilt in August, if you look at the paperwork it cost a lot, but was definitely not a full rebuild.

They are kidding themselves, thinking that it is worth more. I checked out this car myself. If someone does end up paying more for it then they will be getting ripped off.

plenty of fish in the sea

sounds all too difficult to me...

thanks guys
i got my cash back, glad to be out of this mess now!
cheers :beer