Member Eric replied:

Laugh and tell them if you ring again , that you will call the LMCT board and explain to them what you have done

Member - Jimbo (VIC) replied:

Firstly I'd tell them to whistle for it the bastards (also add you've had legal advice, which of course you haven't). They're most likely bluffing and will give up.

Then if, and I do say if, they do anyhting;

Perhaps try your local motoring organisation (eg RACV in Vic) for starters.

Then maybe a solicitor, many offer a free first consultation or $20 for 20 minutes type of thing.

Good Luck and let us know how it goes.

Jim.

80scruiser replied:

Tell the salesman to keep the deposit. Oh thats right there wasn't a deposit. Well tell him to keep it anyway.
I think in the used car dealers act there is a clause that states the vehicle may be returned with in seven days for a full refund.

Other than that tell him where to go.

Member - Davoe (WA) replied:

Those contracts are legaly binding so he would do well to go in and discuss it face to face and hope he can get a satisfatory outcome rather that get their back up if he has no joy then there are other (messier)options

Big Woody replied:

If the contract has no amounts entered onto it as either the deposit held or the selling price of the vehicle I don't think the car yard is going to have much hope in taking it any further as who is going to determine what amount that the 10% is taken from.
Tell them to stick it up their A*SE and phone the ACCC (Australian Competition and Consumer Association) which is a federal body who is usually more than willing to step in on your behalf.
There will also be a Governing body that the car yard should be a member of. In Qld it is the MTAQ (Motor Traders Association of QLD) who you can complain to.
Also I would go to one of the larger motor dealerships and ask them for advice. Most of them will be pretty helpful in making life difficult for their competition. They will give you advice on where you stand legally.

Good Luck

Brett

govo replied:

WHATS THE DIFFERENCE BETWEEN A USED CAR SALESMAN AND A PEDOFILE.....

ANSWER ?????

AW COME ON , SOMEONE MUST KNOW

( talking to a car sales man one day about a 4wd l was interested in..he tried telling me it was a good buy...l asked him does he find it hard when he gets home from work to leave the lieing at the front door and start telling the truth...this scumbag then looked me in the eye and said .."all the years in this industry l have never told one lie to any customers, l am a very honest person" )

which takes me back to the question l asked earlier.

ev700 replied:

Join the RAC and then get an opinion from their legal dept.
EV 700

brian replied:

The "contract" is unenforceable as it is incomplete and is missing one of the 6 essental elements of a contract law ie valuable consideration, usuallymoney/part payment. this is why you are asked for a deposit or signing over your trade in.Dont be bluffed but as others have said get reliable advice if you are unsure.

allaussie replied:

Hi all as my brother is a car dealer I ran this by him.?????????????????????????????????????????? He said in a very bad way for you to tell the car yard to shove the 4wd up their a#^&* le and he will send them the vasoline for the job the contract was incompete and that you have no complete contract cheers chris

muzzgit (WA) replied:

Yes that's all very well, but we don't know what is on the contract !!

We don't know if a dollar value is mentioned. We don't know if a time frame or repairs to be completed are stated. In WA there is a "cooling off" period, but I think this is for 14 days, so he could be up the creek.

Having had personal experience with this, I would be ringing consumer protection ASAP. Whatever they so goes.

Personally, I would mention bikie gangs and broken legs if they want to go any further. And then change your phone number.

nickoff replied:

Zapper

While surfing for something else, I came accross this page. Even though it is Victorian law, there must be something similar in your part of the woods.

Takes a while to load as is 60 pages of PDF format, but should give you somewhere to start.

http://www.consumer.vic.gov.au/CA256902000FE154/Lookup/CAV_Credit_Research/$file/contractcar.pdf

Nick.

old-plodder replied:

I hope your brother got given a copy of the contract to take home with him.
Try all of the consumer stuff above.

But if it does come to some one putting a summons on your brother, it is only the first step in the legal process. He will need to engage a lawyer, and counter offers can be made right up to court date.
Call the bluff of the salesman and try and reasonably settle the problem for zero $ outlay on your part, (this will help later on if it does go to court that you did try and amialy resolve the matter), but also let it be known that you are willing to go to court to settle the problem, if it costs both of you lawyers fees. Keep everything in writing, confirming all phone calls in writing. Besides sending correspondance to the salesman, also c/c a copy to the manager of the car sales yard so he/she knows what is going on.

I am sure that the salesman's manager would be very impressed if the salesman has committed his company to possibly thousands of dollars in legal fees over the sale of one car.

Investigate the cost of a lawyer reviewing the contract and subject to thier view, writing a letter to the salesman and car sales manager for you. Might only be $50.00 to $100.00, a gues on my part, others may have a better idea of cost.

Also, mention you are a member of this forum and will let every one know the name of the yard that has treated you so badly. Copy to manager on that one.

Get writing now stating everything that has happened and your intention to fight tooth and claw all the way if you have too. Copy to manager. I think you will find the salesman will back off. If he can't see a sale coming in a few weeks, but alot of hassle, he might prefer to find others to scare.

I am not a lawyer, so these are laymans ideas, but I have been through court a few times chasing people for money, been counter sued and see some good weaving and dodging!

Pezza replied:

Hi Zapper,

Check VIC laws, but here in QLD it is illegal to sell a vehicle without a safety certificate, seeing as the so called "deal" was done prior to the vehicle going to the workshop I doubt the vehicle had said certificate, in which case may I suggest that you might politely inform this "dealer" that he could be in deep poo poo's for doing such.

Good luck
Avagoodn
Pezza

kev.h replied:

My son fell victim to one of these sharks and we got legal advice
He signed a contract on similar terms when he decided not to go through with it they got nasty threatening legal action for 10 % etc.advice from legal eagle
1. all contact - advise them that this is without prejudice and at the direction of your legal advisors (legal terms meaning without detriment to your claim) 2. his verbal contract to hold the vehicle until it is ready for sale for you to inspect is as legally binding as his piece of paper (as you had not had a chance to access the vehicle maybe it will not come up to your expectations etc.) he will have a hard time proving his case 3. site the time taken (maybe you assumed he no longer wished to sell you the car as he FAILED IN HIS DUTY to inform you of the progress of the work being done and when the car would be ready 4. If he did not have a final price the contract cannot be completed
We did this and ended up geting a letter saying that if thats the way we do business they would not deal with us again - as if we would
regards kev

Skiddy replied:

Had a similar thing happen to me withanother dealer here in Perth
My wife signed a form a dealer told her she had to so I rang department of consumer protection and even they said I was legally bound to still purchase the car
. The way I got out of it was to ring the finance company and told them I was about to lose my job and couldnt afford the repayments. worked for me.
also I remeber reading recently that the laws in wa are changing soon and there will now be a cooling off period.

Alan S (WA) replied:

I assume your B.I.L got an kept a copy of the Contract, that will be the cruncher as to what is on it.

The are two issues to consider 1) contractually what his obligations are and 2) what reality says.

Contractually i cant give advise because i dont know what was on the document.

However at the worst he is in breach of contract and the only penalty or cost that he is liable for is the loss incurred by breaching the contract. In this case the only loss will be if the dealer sells the car for a lower price than your BIL's contract.

However if they sell it to anyone else at this stage they are in breach of contract because they have not honoured the sale contract either. You can lock up that car for a period of time and they will make no money out of it.

At this stage negotiation will probably solve the problem, be firm and state the facts, but what ever do not argue or get emotional, you only lose. The RAC and Fair Trading may also be able to give more legal advice.