I met a big problem!!!!come in please!!!

[steve chan]

Sorry a little bit long story, but please be patient and have a look, i reli need ur help~!

Hi guys, i have sold my toyota echo about......couple weeks ago. Before that, someone inspected my car with his mechnanic friend and his friend said my echo is okay and the buyer said he trust his friend, the mechnanic and pay 500 deposit when my echo had not issued RWC yet(Queensland), after that, i went to Kmart and made an appointment to get the RWC and Kmart was just available in three days after, so i made the appointment anyway. Anyhow, at the day of getting RWC, the buyer paid me the full amount and sign those paperworks with me, but the RWC had not issued at the time coz the guys at kmart said my echo need a replace of suspension and two new tyres to obtain RWC so i paid for it in total $615, then the buyer was agreed to wait for it and give me the RWC number to complete the paperwork(my part, the disposal part) afterwards. Then, i thought everything would be okay, but in these days after the sale, he keep txting me and bothering me about the car seems not right and he want my aftermarket gear knob and aftermarket antenna which were installed on the car when he inpected it, but i said i wont give him that, finally, i gave him those gear knob and antenna becoz he tried to bother me everyday and i was so angry and annoy. Yesterday(He got the echo for 7 days already), he emailed me saying the echo has a funny flapping sound when he was driving and i just know that he has not hand in the paperworks to transport centre yet and he said he might give the car back to me and i need to pay him back, Please, please, someone tell me what am i gonna do? i'm so angry! i just wanna have this thing done, but he keep bothering me everyday~

THANKS

Edited September 26, 2008 by steve chan

[Blind Kid Seeks]

did you give him a receipt?

the paper work is a legal document. and it is your up to your discretion as the selller if the contract needs to be broken

seek advice from RTA.

speak to a lawyer.

[-JC-]

If you have provided him with a roadworthy, he has paid the cash and you have given him the receipt, then the sale is complete. He then has 14 days to register the transfer of ownership as far as I am aware.

I am not 100% sure on this, but I think you would be better off contacting QLD transport on this matter as they will be able to provide you with the correct information.

The other option is to tell him to go away or you will report the matter to the police, as far as I can see, you have done everything right, and even given him more with the gearknob etc, so I would be telling him to take a running jump.

[steve chan]

Oh...my ***, but i forgot to write him a receipt....

what should i do? mail him a receipt?

[-JC-]

Have you contacted QLD transport yet?

They are the only ones that are going to provide you 100% with the information you need.

[RME1]

The emails that you have kept can be used in a court of law.

They will document the transaction.

[quantum]

how was the money transferred? It could probably be used as evidence that he has paid you already and the bank transaction could be a receipt

[Kenneth]

It sounds like some dodgy guy changed his mind after a week. All the best with solving the problem but by the looks of it everything is favouring your side as far as it goes..

[steve chan]

busy for whole day today, went to kmart ask for the RWC no. and then went to transport centre, they told me that i can register for him along with the forms and rwc copy if the buyer have not done the transferation within 14days~

[apg39]

Isnt a private sale not covered by warranty? Unless there is a major problem.

Dealership sales are covered by a warranty, but private sales aren't....too bad to him.

[lateralus]

Isnt a private sale not covered by warranty? Unless there is a major problem.

Dealership sales are covered by a warranty, but private sales aren't....too bad to him.

exactly. if he hasnt got a warranty, but he was satisfied with the condition car at the point of sale then the egg is on his face. i would say that you will be ok with the whole situation.

however, warranties can be transferred, but only in private sales if the original owner permits it. dealers supply their own statutory warranty if you buy the car from them, but its not the manufacturers warranty. they cant be transferred throught dealers.

Edited September 26, 2008 by lateralus

[X-Power]

just tell him sorry mate, car is sold, if u want i give me my car and ill give u half of ur money back becoz u wasted my time lol

[Lawz]

- First of all did you have your own contract written up with everything that was to go with the car at the time of sale, to which the buyer and yourself should have signed (You keep original, buyer gets the copy)?

If not... then you've dug yourself a hole... Reason I say did you write up a contract is because this is a formal / possible legal document between yourself and buyer that this is what will pass over at the time of sale. You should in turn have 2 documents. 1 for the deposit and another for the full payment and agreement of the sale. oh and obviously the 3rd set of documents being copies of the Registration transfer papers.

- Secondly... no car should be sold without a RWC.... but to my understanding of what you have written... He paid you in full prior to receiving the RWC. Therefore the vehicle was sold without RWC.

So if your situation escalates to court etc etc be very careful/wary of what I have said above. If the buyer is smart enough he could pretty much screw you over.

- Also if you do decide to take the car back and return the cash... make sure the buyer has not received/caught for speeding, parking fines, used in robberies etc etc.

So yeah make sure you have all the documents involved in the sale printed out etc etc and ready for any further action you may need to take.

But yeah sounds like a very messy situation you have got into. I suggest like the above... to speak to Queensland Transport immediately and then perhaps a Solicitor for the legalities.

Edited September 30, 2008 by 11TWO

[VF-X]

just tell him sorry mate, car is sold, if u want i give me my car and ill give u half of ur money back becoz u wasted my time lol

This sounds the most logical way...

In addition, u should tell him to blame his mechanic friend or whatever...

[mrs.sportivo]

do u have any legal documents saying that the mechanic guy checked it ? and if his still driving it under ur name thats illegal in his part anyways - just tell him no u gave him the car in good condition and what it takes him 7 days to notice theres a flapping noise ?

bank statements would be good - if u deposited the money into one

[homer501]

its sold he cant ask for money back dont talk to him as the saying goes buyer beware its not your fault sounds like jhe is trying to scam you