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Buying a bike, paid deposit, but seller doesn't come through

Discussion in 'General Motorcycling Discussion' at netrider.net.au started by Grunge, Jul 21, 2006.

  1. Just a theoretical question, really.

    Say you've looked at a bike someone wants to sell, and decided that you want it, and you pay the deposit and signed the papers to get the bike to you once the RWC is done.

    However, later on the seller says he can't really sell due to some circumstance, you're not sure what but you think okay... that's fair.

    You find out in a couple of weeks, the real reason for the non-sell was because the seller found someone who was willing to pay more for the bike and have sold it to that other 3rd party.

    But hang on didn't I theoretically already paid the deposit in good faith, and the price was agreed upon?

    I guess not much can be done.

    Theoretically anyways.
  2. Is this the same as 'a friend' or 'someone you know'?

    I'd say, not a lot you can really do about it other than get your voodoo doll out and stick pins in it.
  3. not sure on bikes, but in buying houses you can be 'gazumped' (SP?) basicaly the seller is entitelled to get as much as they can IMHO, if it was me i would have got back to the first party and see if they wanted to up there offer.
  4. If you have an agreement in writing (a receipt will do) and money has changed hands, then I believe you have an enforcable contract.

    In theory you could take them to court and sue for 'specific performance'. It would probably cost more than you would get, but the threat might work.

    Of course, once you have accepted the return of the deposit, I understand you would have accepted cancelling of the contract.

    So "hypothetically" you would be entitled to refuse to let them change their mind about selling the bike. But once you have accepted it, that's the end of the matter.

    Disclaimer: I am not any sort of legal practitioner. I just typed out some essays for a law student once.
  5. Obviously not a very moral person pulling this kind of caper. If the paperwork was still in hand I would front them about it. It may not win back the bike etc but it may shock them enough to realise not to pull the same stunt again. Would be excellent if 6'3" and scary looking lol. Wouldnt hurt to also let the new purchaser know so they could question the seller's "honesty" of the transaction plus they themselves may have a few questions about the info they were told about the item (was there anything else shonky ie speedo reading etc ?) Pitty we're not in USA as the option would just be sue- sue - sue!!
  6. The only legal success you would get would be in recovering your deposit. Sueing for damages, time or what ever else you can concoct would almost never work. Even in the US.

    Basically all you can do is get your deposit back.

    Of course, if you were the seller and they were the buyer, you could go to town on them for breach of contract. In practice it doesn't work the other way even though the seller did breach the contract to sell.
  7. if you shook hands , verbally agreed or wrote out a contract then the seller is legally binded to that agreement ...NOTE in victoria those 3 things are considered a legal contract.. other states may vary
  8. Specific or part performance may only be available if common law damages (e.g. return of the deposit) was inadequate. It would come under the equity.

    As someone mentioned, if you had it in writing, you could go through legal avenues to get your money back, though it is much more effort than it is worth.

    At the same time, general rule is when paying a deposit, get something in writing from the seller, including some ID details of the seller.
  9. Legally binding contract was formed, take him to court if you could be bothered mate.
  10. this happened to me last summer, except it wasn't a bike it was a kite (of the kite surfing nature not the kids toy) and i hadn't paid a deposit, i had paid the entire amount!

    the bastard denied the money had cleared in his account however when i contacted his bank they were sympathetic and confirmed the money had gone in when it was deposited (technically they shouldn't have told me for privacy reasons but they sided with me as the guy was a wanker.) :p

    after a decent biatch fight he admitted to securing a better deal and screwing me. :evil: at least he refunded my money, though of course he had no choice as the police would have been on to him if he refused to cough up.

  11. I don't think you have any recourse except getting your deposit back.
    Legal action is not worth it.
  12. Get your deposit back and trash the bike.

    Regards, Andrew.
  13. Putting yourself into a position of possibl being charged with something like that isn't the smartest of ideas and what about the person who bought the bike. Trash someones bike who purchased it with maybe not knowing someone else had wanted it?

    Best is to forget, stressing/worrying about stuff gets you no where :) Especially in a situation like this, you really can't do much. Just be sure next time to get written agreement as that is fairly hard to argue with :grin:
  14. Re: Buying a bike, paid deposit, but seller doesn't come thr

    - you made him an offer to buy the bike for a certain amount under certain conditions
    - he accepted the offer
    - you paid a deposit

    sounds like a legally binding contract to me.. easier to win if you got it in writing, but honestly not worth the effort

  15. Im sure if the judgement was ruled in his favour the Judge would make the other guy pay the legal fees. :roll:
  16. What a load of crap. Caveat Emptor (check your Latin).

    do what i do, if your buying something be organised to take it NOW, unless your dealing with a shop (and even then if you can).
    take the cash, a trailer, a ute, a mate whatever.

    if i want something i NEVER come back and get it later, i wouldnt trust the guy i'm buying it from to hold a deposit or not screw with what i've bought, pressure the seller, offer a lot less in CASH. take the cash now or forget it mate type attitude.

    get all the details over the phone (Vin #, Rego, etc) and do the checks before you even go and look.

    if you miss out just forget it and move on, there will be another bargain next week or the week after.
  17. I was talking about trashing the bike if he stil owned it.
    For christ's sake a deposit IS a legally binding contract in Australia with a receipt.
    I am amazed how many people here have such poor morals that they think it's acceptable to gazzump someone.
    I've never done it (been in teh position to) and never will.

    Regards, Andrew.
  18. Boo Hoo.
    if i'm selling something to some complete stranger and another complete stranger comes and offers me another couple of hundred bucks guess who i'll do a deal with.had it done to me on many ocasions (ok may be 5 or 6) and done it too others on 3 or 4.

    I work bloody hard for my money and if i can get a few extra $$ for something i'm selling i'll take it.

    haveing said all that if i sell something to some one i know (even if i've never met them like on here) no amount of extra $$$ would make me break my bond (well ok may be some amount would, but i'd compensate the first bloke)
  19. Interesting username.

    Putting paid in full funds into some account and then waiting(hoping) for delivery is asking to be scammed.
  20. Er, not if the contract of sale has been signed, it can't. Of course, if that happened to me, not only would the vendor be getting a kick in the proverbials, so to would the estate agent, when I took them to court (and no, I wouldn't even considering dealing with REIV or whatever).

    Actually, this would be an interesting question to post in the aus.legal newsgroup. I'd give it probably 5 replies, all of which would be different, before the slanging match starts...