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person put deposit on car no show for 3 weeks what to do
malcolm - May 13th, 2006 at 01:38 PM

74 bug ,new tyres,clutch pressure plate ,complete brake rebuild,reg till 3/2007 still going $500.9742-1864
Malcolm.SHOULD I RESELL $50 DEPOSIT LEFT.


bond - May 13th, 2006 at 02:05 PM

typically with deposits you would write and both sign a partial agreement whereby it is sold but has to be moved and paid in full by a certain date.

one would also assume you would have contact details of a person if they put a deposit on something you were selling... if hypothetically plans change for whatever reason.

i take it you dont have such details hence the thread. i personally am partial to think you have made an agreement (written contract or not) and are therefore obliged to hold to it however in saying that can understand if you have to move it for whatever reasons and want it gone hence see no issue with relisting it for sale - and if the person who made the deposit does return the least you can do is return the $50.

sale is only pending untill a full amount is paid and receipt given...
goodluck

nick


MickH - May 13th, 2006 at 02:09 PM

Quote:
Originally posted by malcolm
74 bug ,new tyres,clutch pressure plate ,complete brake rebuild,reg till 3/2007 still going $500.9742-1864
Malcolm.SHOULD I RESELL $50 DEPOSIT LEFT.


You might have a legal obligation to keep the car as a deposit is a "contract" as such,kinda, if ya know what i mean.I think you had 6 months before you could re sell after a deposit has been put down.Obviously you've tried to contact them?? If they can't/won't pay offer to refund the deposit (stuff it up their nose) and then resell.All states might differ as well so i dunno...


malcolm - May 13th, 2006 at 02:28 PM

the agreement was only verbal nothing was written down I tried to email the buyer with no reply.


hipichic - May 13th, 2006 at 02:30 PM

We had that happen, two guys turned up, paid $50 deposit on an old fairlane we had, they said they'd be back on the weekend. A month later they hadn't come back at all...we sold the car to someone else. They can come and get their $50 if they want...but after 2 years, i think maybe they've forgotten :S


VWFOOL - May 13th, 2006 at 03:27 PM

i rang dept of fair trading about this not long ago.
especially if its verbal, theres nothing stopping you from selling to someone else, but be kind and give them the deposit back if they show up for it. stupid on their behalf to only leave u with an email address as contact details.


68AutoBug - May 13th, 2006 at 05:22 PM

Some people are paranoid about telling people where they live.....
or giving out phone numbers etc....

My phone number & address have been in the phone book for about 30 years....++

email addresses are only good if people read them...
or can read them... when Your computer crashes...
You cease to exist....

Sell it again.....
and give them the deposit back.....
If You didn't write anything down.....
You really don't have to give the money back... IMHO..
although it is the decent thing to do....
thats one cheap 74 Beetle.... 1303S or torsion bar Beetle?


I bought some mag wheels [non VW] on ebay from a fellow in Sydney... and I had to keep at him.. to find out where in Sydney He was.... He didn't even want to tell me what suburb He was in.... and I've met many people like this, mainly in Sydney....

Lee


shaihulud - May 13th, 2006 at 07:18 PM

Generally speeking, and it may be different in each state, a verbal contract for an amount in excess if $20 is not legally binding. Sell it and if you get any grief from them over the deposit, return it to them without argument. That will give you good legal/moral standing if they then get nasty about it.


Desert Moose - May 13th, 2006 at 07:34 PM

use the $50 to readvertise and give them the invoice if they come back.
I would wait one more week to make it a month...then stuff'em


bugeyedbabe - May 13th, 2006 at 07:59 PM

When my mum owned a business and the people left with an unpaid debt....but items of value...she was told following:
You notify the clients of the unpaid debt, and that if they do not make the full payment to settle debt, That the ownership of those items on the premises, which belonged to the client, will be transferred to her, by law, and sold at her discretion again. Once the debt is settled, and her expenses have been met, and additional funds will be paid to the client, should they advise of the account necessary.

My boss was told when sending things off:
You notify parties that title of item remains your until full payment of outstanding debt is received. Explain that after thirty days from the date of your letter, you may resell car. (and if u wish to) If you do resell the car, they may contact you so that you can direct the $50 deposit back to them directly.

apparently the law says there is a 28/30 days rule after notice for the other party to rspond.

Not sure if it applies in this case, but do know the courts like to see the 'other' person given a chance to rectify the situation.

Cheers
beb


Notch Nut - May 14th, 2006 at 10:29 PM

Fifty bucks ammounts to a tank of fuel these days I.e. Diddly squat when it comes to a price of a car. If they really wanted the car or their fifty bucks then they would have contacted you by now. If they have lost your details and can't remember where/how to contact you then charge them a fifty dollar fee for their stupidity. Charge them extra if they would like you to remove their heads from their butts as well!! I deal with idiot customers as part of my work, as a result I have to be nice. If I have to deal with idiot tyre kickers in *my* spare time:bounce:bounce:bounce, different story all togather...hehe, I don't sell cars as part of my business on weekends so if you are a jackass, I'll tell ya, cos if you don't buy and you don't like *my* customer service for jerking me about on *MY* weekend then FK YOU!!!!
Fifteen years of retail hasn't made me bitter and jaded, it has just made me better at telling it like it is!!!:yes:
- Adam