Scum Bag Trying To Scam Me

[West]

Its a VL, what does he expect ? J/K

[defari]

^ lol sorry mate, i read your post wrong, thought you were implying that once the car is sold person B then has to worry about the loan..

[adamskill]

its a 25 year old car, what does this jerk expect?? next time he calls tell him to pull his f**kin head in, and go to a mechanic. i know i would feel guilty in this situation, like you have done something wrong, but you haven't so sit tight mate. i bought a swift gti many moons ago and the gear box f**ked out on me after about 6 weeks, i emailed the guy that sold it to me, and although he was sorry for my situation, he didnt have to/wasnt going to do anything about it. i had to cop it sweet and get it fixed. its just life. everyone knows that cars are very expensive things to own.

[samuri]

i sold my VL commodore about a month ago to a fellow in bendigo (i live in berwick) and a month later (today) he contacts me saying that the car isnt working, dosent even start, he drove it home and its sitting in his yard ever since. is this guy for real? the car was in perfect condition apart from some cosmetic stuff, and my father used it to get to work days before the buyer picked it up.

what are my rights here? this scumbag is threatening to call the authorities to come down with the car with him to get a refund.

i was going to suggest giving him my mechanics number who did the rwc on it only 2 months before i sold it, but would this be putting my mechanics license in jeopardy?

i know for certain there was nothing wrong with the car when it left my house, i even watched him drive off with no issues, now hes freakin me out with all this legal talk.

any suggestions?

give him a refund the same as they do at Kmart and

let him call the authorities then

call the police and tell them he is harassing you and tell him that as well

[GTR-N1]

Aggressive 'alpha' personalities always blame others for their woes!

[Gtir-keiron]

Well it also can become a 3rd parties problem.

Brother in law manages ultra tune here,A client bought a prado second hand with a road worthy from a priv party with a roadworth,Basicly the brakes started to sqeek and it was leaking oil out of the motor.The front pads were rooted and it had a number of oil leaks.(1 week after purchase)

The manager of ultra tune told him to take the car back to the place of roadworthy and have them fix it as they passed a car that was not roadworthy,If they don t fix the car then report them to the rta for dodgy roadworthy,Basicaly they have to fix the car at there own cost.

You always have to feel for people tho who buy second hand cars,If you knew something was not right with the car and disclosed it from the start then too bad for him,But if you bodgy the car up and sell it knowing something was wrong with the car thats another matter.....

Can i ask what was the figure he paided for the vl? i mean really its a vl non turbo car? even in fair condition they are not worth that much unless in mint conditon with very low ks.... most vls are running around with 250 tho plus ks on the clock....Tell him to get the car checked out and let you know whats wrong with it and what it costs to fix,You don t have to pay for any thing but atleast you know whats wrong with it,Could be nothing....

[SECURITY]

a proper bill of sale will always keep both parties involved honest.

[mad082]

Well it also can become a 3rd parties problem.

Brother in law manages ultra tune here,A client bought a prado second hand with a road worthy from a priv party with a roadworth,Basicly the brakes started to sqeek and it was leaking oil out of the motor.The front pads were rooted and it had a number of oil leaks.(1 week after purchase)

The manager of ultra tune told him to take the car back to the place of roadworthy and have them fix it as they passed a car that was not roadworthy,If they don t fix the car then report them to the rta for dodgy roadworthy,Basicaly they have to fix the car at there own cost.

You always have to feel for people tho who buy second hand cars,If you knew something was not right with the car and disclosed it from the start then too bad for him,But if you bodgy the car up and sell it knowing something was wrong with the car thats another matter.....

Can i ask what was the figure he paided for the vl? i mean really its a vl non turbo car? even in fair condition they are not worth that much unless in mint conditon with very low ks.... most vls are running around with 250 tho plus ks on the clock....Tell him to get the car checked out and let you know whats wrong with it and what it costs to fix,You don t have to pay for any thing but atleast you know whats wrong with it,Could be nothing....

well technically that isn't right. rwcs last 2 or 3 months, so what's to say that any of that stuff didn't start after the rwc was done if there was a long period of time from rwc to sale? bit hard to say that the mechanic passed a dodgy car. it's like buying a skyline with lots of illegal mods that had a rwc done and it passed. plenty of people have put stock parts back on their cars to get rwc's done and then swapped them back to the illegal parts straight afterwards. doesn't mean you can blame the workshop if you get booked for the mods.

[xALmoN]

if he paid f**k all for the car, then pay peanuts, you get monkeys, simple logic.

[XTRMTY]

tell him you have moved overseas and dont answer your phone. Its not ur problem, not even worth talking to the bloke

[MSTRshenanigans]

Tell him to eat a dick and to stop driving his new purchase like the arsehole he sounds like

[LANDSCRIBBLE]

As chopper said after he stabbed/shot someone "Ohhh whinge f*ckin whinge"

technically, couldnt you sell your own grandmother a car with cardboard cylinders, elastic band piston rings, and be scott free after she's submitted the transfer papers?

[Grey89Godzilla]

Even if he had bought it from a dealer it would be too old to attract any warranty. He has no hope of getting anything out of you.

[shakotan-cefiro]

step 1 buy a kujo style rotweiler

step 2 tell him to come round

step 3 let dog off

step 4 record what happens and laugh

nah all jokes aside he doesnt have a leg to stand on and if he trys it will cost him more than the car is worth

sounds to me like after thrashing the f**k outta it he changed his mind .

perhaps offer him a tall glass of cement and politley tell him to HTFU

[SECURITY]

As chopper said after he stabbed/shot someone "Ohhh whinge f*ckin whinge"

technically, couldnt you sell your own grandmother a car with cardboard cylinders, elastic band piston rings, and be scott free after she's submitted the transfer papers?

nah.. with all contracts there must be sufficient consideration. the amount paid must reflect what they are paying for and vise versa. if there is no consideration there is no contract.

[warps]

nah.. with all contracts there must be sufficient consideration. the amount paid must reflect what they are paying for and vise versa. if there is no consideration there is no contract.

He's been given a car for his money. That is enough consideration to make it a binding contract.

Even promising $1 for an action is sufficient consideration to make it a contract

And being a private sale, there is no requirement for the goods to be fit for purpose (sect 7 of TPA). If it were a business sale, then that would be a different story, and the 3 month statutory warranty would apply.

[SECURITY]

i dont think it would be "considerable" for someone to pay $10,000 for a car worth $1. nor is it considerable for someone to pay $1 for a $10,000 car...

i understand what you're saying and you're right - as long as there is presence of consideration then there is a contract.. but if it ever went to court and an agreement couldnt be reached, i'd say the final decision would come down to how much consideration each party got and whether or not it was fair.

you cant just think of it as black and white because magistrates rarely do.

[samuri]

i dont think it would be "considerable" for someone to pay $10,000 for a car worth $1. nor is it considerable for someone to pay $1 for a $10,000 car...

i understand what you're saying and you're right - as long as there is presence of consideration then there is a contract.. but if it ever went to court and an agreement couldnt be reached, i'd say the final decision would come down to how much consideration each party got and whether or not it was fair.

you cant just think of it as black and white because magistrates rarely do.

warps is dead right.

Fair doesn't enter into it neither does the quantity of consideration.

Think about it . Value is in the eye of the beholder. Ones mans junk is another mans treasure. The courts arbitrate on law not on value of items ( with some exceptions), Go down this path and you may as well dance through a minefield,

blind folded, holding a grenade between your cheeks.

your point is logical but courts dont do this

i'd say the final decision would come down to how much consideration each party got and whether or not it was fair.

Qid pro quo ......something for something Contract law 101

[SECURITY]

unless the item that was being bought wasnt what they thought they were buying, i.e. a dud car (which is what we're talking about here).

im not saying it IS a dud car, but if it were then it all changes.

say he bought the car for $10,000. normally its worth $5,000. but the car starts falling apart gradually after the sale is completed. the motor shows sign of ware, rust spots start showing up through the paint, glue starts melting off interior parts.. do you think the consideration clause would still stand?

logic IS what the courts do. its what people dont do.

[samuri]

unless the item that was being bought wasnt what they thought they were buying, i.e. a dud car (which is what we're talking about here).

im not saying it IS a dud car, but if it were then it all changes.

say he bought the car for $10,000. normally its worth $5,000. but the car starts falling apart gradually after the sale is completed. the motor shows sign of ware, rust spots start showing up through the paint, glue starts melting off interior parts.. do you think the consideration clause would still stand?

logic IS what the courts do. its what people dont do.

Caveat Emptor runs through contract law . it mean let the buyer beware.

You are mixing fraud with consideration.

I am not addressing fraud , only your point on consideration. However the thread does not in my view concern itself about fraud ,

given what we have been told.

its about legal fact not what you personally think, which could be misleading others.