+ Reply to Thread
Page 3 of 4 FirstFirst 1234 LastLast
Results 21 to 30 of 31
  1. #21
    Join Date
    Apr 2015
    Posts
    2,441
    Thanks
    2,354
    Thanked
    2,230
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    Agree with PP's, once past the cooling off period, and if the contact want subject to finance, then you're locked in.

    However, it makes more sense financially for the car yard to let you out of the contract and to keep your deposit as it's really money for nothing for them. They'll get to keep your deposit, and then still sell the car to someone else for full price. So really its better for them if they let you out of it.

    Hope that they're reasonable for you.

  2. #22
    Join Date
    Jul 2015
    Posts
    6,891
    Thanks
    4,788
    Thanked
    4,226
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts
    Awards:
    100 Posts in a week
    unlikely they'd bother pursuing you for the car sale, as others have said, it'd cost them too much in legal fees etc to bother.

    I agree you'll lose 100% of the deposit now you're outside the cooling off period.

    which is annoying, but at least they won't force you to buy the car (hopefully!!)

  3. #23
    Join Date
    Jun 2005
    Location
    At the beach
    Posts
    10,495
    Thanks
    1,430
    Thanked
    9,005
    Reviews
    3
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 postsEmerald Star - 10,000 posts
    Awards:
    Busiest Member of the Week - week ended 17/10/14100 Posts in a week
    I really think people need to be careful 2nd guessing what will happen. If they go through the small debts court there are no legal fees.

    OP if there's a free legal service near you I'd get some advice on the contract. ASAP.

  4. The Following 3 Users Say Thank You to Sonja For This Useful Post:

    binnielici  (27-01-2016),JustJaq  (27-01-2016),Ngaiz  (27-01-2016)

  5. #24
    Join Date
    Aug 2010
    Posts
    262
    Thanks
    323
    Thanked
    173
    Reviews
    0
    Quote Originally Posted by Sonja View Post
    I'm curious. Why do you say that?

    As a lawyer in this thread I'm finding many of the replies, well, interesting.

    OP if it were me I would contact consumer affairs or legal aid if you are really worried and get someone to actually look at the contract for you. But I would also speak to the car yard ASAP as delaying it may only make it worse. You never know. They may be reasonable (crazy, I know).
    I say that because this is entirely what the deposit is designed for, compensation for buyers reneging on deals.

  6. #25
    Join Date
    Mar 2015
    Posts
    4,420
    Thanks
    852
    Thanked
    2,715
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    Quote Originally Posted by Sonja View Post
    I really think people need to be careful 2nd guessing what will happen. If they go through the small debts court there are no legal fees.

    OP if there's a free legal service near you I'd get some advice on the contract. ASAP.
    Quote Originally Posted by Sonja View Post
    I'm curious. Why do you say that?

    As a lawyer in this thread I'm finding many of the replies, well, interesting.

    OP if it were me I would contact consumer affairs or legal aid if you are really worried and get someone to actually look at the contract for you. But I would also speak to the car yard ASAP as delaying it may only make it worse. You never know. They may be reasonable (crazy, I know).
    I am not a lawyer but so totally agree with this.

    We have no idea on the T&C in your particular contract. Get it checked out first with a lawyer and then take their advice on what to do next.

  7. #26
    Join Date
    Jun 2005
    Location
    At the beach
    Posts
    10,495
    Thanks
    1,430
    Thanked
    9,005
    Reviews
    3
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 postsEmerald Star - 10,000 posts
    Awards:
    Busiest Member of the Week - week ended 17/10/14100 Posts in a week

    Default Cancelling purchased of new (used) car

    Quote Originally Posted by mmaf View Post
    I say that because this is entirely what the deposit is designed for, compensation for buyers reneging on deals.
    People can have a view about what a deposit is intended to do but it's not what contract law provides (not that I'd really know for certain given I haven't read the contract).
    Last edited by Sonja; 27-01-2016 at 20:09.

  8. The Following User Says Thank You to Sonja For This Useful Post:

    binnielici  (28-01-2016)

  9. #27
    Join Date
    Dec 2015
    Posts
    250
    Thanks
    30
    Thanked
    205
    Reviews
    0
    Quote Originally Posted by Rebecca79 View Post
    Unfortunately the money we were meant to receive to pay for this new car has fallen through.
    Even though we mentioned this to the salesman (subject to finance) it is not written in the contract.
    What do you mean by "money were meant to receive fell through"?

    I would have thought that "subject to finance" just meant subject to approval of a loan, not necessarily expecting 10grand etc to come from some other place.

  10. #28
    Join Date
    Jun 2007
    Posts
    231
    Thanks
    13
    Thanked
    5
    Reviews
    0
    All is good now. Thank you for your replies.
    My husband sold another car and we were waiting for that money to buy new car. The guy kept on telling us he's going to pay, we we never saw the money.
    Now it's all good, we have the money. Phew

  11. #29
    Join Date
    Jun 2005
    Location
    At the beach
    Posts
    10,495
    Thanks
    1,430
    Thanked
    9,005
    Reviews
    3
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 postsEmerald Star - 10,000 posts
    Awards:
    Busiest Member of the Week - week ended 17/10/14100 Posts in a week
    Quote Originally Posted by Rebecca79 View Post
    All is good now. Thank you for your replies.
    My husband sold another car and we were waiting for that money to buy new car. The guy kept on telling us he's going to pay, we we never saw the money.
    Now it's all good, we have the money. Phew
    That must be a huge relief.

  12. The Following User Says Thank You to Sonja For This Useful Post:

    Rebecca79  (28-01-2016)

  13. #30
    Join Date
    Jul 2010
    Posts
    4,210
    Thanks
    3,061
    Thanked
    3,415
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    Although I'm very happy for you OP I also wanted to know what would have happened! I was wondering if you would be forced to buy the whole car or just lose the deposit.

    So what did you buy?


 

Similar Threads

  1. WDYT? Inlaws cancelling Christmas :(
    By Little Miss Sunshine in forum Issues with Family Members
    Replies: 71
    Last Post: 11-09-2015, 21:10
  2. Just purchased Philips All-In-One-Cooker
    By RuffledPansy in forum General Chat
    Replies: 0
    Last Post: 13-06-2015, 18:01

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
free weekly newsletters | sign up now!
who are these people who write great posts? meet our hubbub authors!
Learn how you can contribute to the hubbub!

reviews
learn how you can become a reviewer!

competitions

forum - chatting now
sales & new stuffsee all
Be In Blossom
Keen to up the intensity of your exercise after having your baby but unsure how? New physio-led Bootcamp Workshops aim to bridge the gap between low and high intensity training, teaching ways to reduce pelvic floor load in gym and bootcamp settings.
featured supporter
Tribalance
TriBalance is a physio, yoga & pilates studio in Brisbane's inner north, offering specialised women's health physiotherapy services. Weekly pregnancy yoga classes are scheduled at the studio on Thursdays 1- 2pm and Saturdays 1-2:15pm.
gotcha
X

Pregnant for the first-time?

Not sure where to start? We can help!

Our Insider Programs for pregnancy first-timers will lead you step-by-step through the 14 Pregnancy Must Dos!