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Dodgy Selling Practise?

Discussion in 'General Motorcycling Discussion' at netrider.net.au started by Ljiljan, Sep 11, 2010.

  1. Sooo, a private sale, I put down a deposit on a bike yesterday, with a promise to deliver the rest by monday. It wasn't a measly $50 type deposit, but one that showed I was committed, about 40% of the sale. I receive a call this afternoon saying I'm very sorry ladida but guy just came, cash in hand and sold it to him, I'll give you your money back.

    So I'm a bit annoyed, while I did not hold the title until full payment, I considered the deposit a guarantee of sale to come. If it was a $50-100 deposit, sure, it wouldn't be worth anything.

    Anyone been in a similar situation from either side? Would they consider a bike unsold while they still hold the title? Is a decent deposit a guarantee of sale? Would you expect the seller to uphold that or would you if you're the seller?
  2. The seller's actions are really p1ss poor!!

    Personally if I was selling, as I have done previously I consider the bike sold once I had a deposit. Regardless if someone else came along and was even prepared to pay more. However, if you a as a buyer pulled out, I'd keep the deposit.
  3. Yes I think you have been hard done by, I would consider you had a verbal contract of sale and had shown good faith by the size of the deposit. Personally as the seller I would feel that we had an agreement and I had no right to sell from under you.

    Not sure what the legal position is in NSW.


    Actually now that I think about it further if you have a receipt for your deposit you probably have a written contract.

    Commiserations on losing the bike too.
  4. I actually left a deposit on a Z750 this afternoon and I would be pissed as hell if it was sold to someone else from under me. On the other hand if you screwed him or her down on price and somebody rocked up with cash and prepared to pay full asking price or close to it you can kind of understand. It doesn't make it right but unfortunately not everyone has morals.
  5. If you have a reciept from him for it. Signed by him then he is stuffed. Unfortunately it will cost you more than its worth to take him to court. I would go around now and get your deposit back before you lose that as well.
    For mine any prick who would do that will have mrs Karma on his ass in no time.
    Mate its probably for the best. A fool like that would never look after anything but himself anyway.
  6. That prick is lower than a snakes belly.
  7. WTF!?!?!?!? what a wanker!!!!! that's awful. i'd be putting up the ad on here, just in case the person who bought the bike is on here and knows how much of a prick the seller is!

    if i had a deposit, i wouldn't let anyone else come around to look at it - i'd see it as completely sold.
  8. what bike was it mate?
  9. what a fkn tosser. Bad luck mate. :(
  10. And anyone offering/willing to buy it at asking price without even looking it would be treated with suspicion. Though it might have been someone who already inspected it, but the chronology doesn't make much of a difference.

    It would be slightly acceptable if a relative/friend was the one they sold it to in the end (if they really needed it or something), but I doubt that's what happened to Lilley.
  11. Yeah you got shafted BAD!! That's not cool of the seller at all.

    Personally when I buy or sell, I make sure there is a signed receipt for deposit and for collection. If I'm buying I write up an 'Agreement to Sell'... which is basically a contract of sale that becomes fulfilled once I take ownership an make full payment.
  12. i would only deal with cash in hand and the person seeing the bike.
  13. Your legal position is that by implication you each came to an agreement for the sale of the bike, agreed on a price and terms; payment of deposit, delivery on full payment due on the Monday.

    Your position was, and still is such that, by paying the deposit you have 'paid consideration' and the agreement to sell the bike has been entered. When you transfer title via the RTA, this is simply a transfer of registration of title. Without doing so, you are still the owner of the vehicle, title registration just has not been effected.

    There were obligations remaining under the agreement:

    1) For you to pay the rest of the price
    2) For the seller to deliver the payment on satisfaction of the above
    3) For the seller to transfer to you legal title in the bike with the RTA

    Thus, you can sue the seller for completion, that is, forcing him to complete the agreement, by selling the bike to you. Because that is now impossible, he must pay your damages incurred by his breach of the agreement. Those damages will be the amount extra you spend in obtaining the same bike elsewhere, at arms length, i.e. with an honest transaction for a like bike of like specifications and description.

    If you want to pursue that option, it is expensive to have a solicitor act on it. Expect $1000-$2000 in costs to prepare the case and appear in court on your behalf.

    Alternatively you can pursue the action yourself in court. Be aware there are 'filing fees' associated with doing so and I'm not sure if you can recover them where you are seeking damages, you may have to move (apply, ask) the court to award them. The fee varies on the amount you are seeking, I believe it starts at $297 for the Local Court plus a service fee (Usually around $70).

  14. As Smokae has said, the legal avenue is both a costly and timely one. There's no way you'll get an order for specific performance of the contract, because the goods have been already been sold to another purchaser.

    Have a look at s 53 of the Sale of Goods Act 1923 (NSW) for the remedies available to you for non delivery. Unfortunately the guy is a prick, and you can take comfort from the fact that the karma gods will one day bite him in the ass, but quite simply it's not worth the time or effort to commence proceedings against him.

    Man that sucks, I can only imagine how deflating it must be to find out the new bike you thought you were getting was in fact sold to someone else. What a douche.
  15. Yeh I have a receipt, I wouldn't part with money without one so I am covered there. Not the end of the world missing the bike, just want the deposit back. Goz it was a zxr400.
  16. you have a receipt and he STILL went and sold it!?

    i'd blow his head off...

    ummm... *cough* hmmm
  17. #17 robsalvv, Sep 12, 2010
    Last edited by a moderator: Oct 24, 2015
    That's a prick's act.

    You should let him know that too.

    When you pick the money up, count it out note by note in front of him. Then if you want to put the willies up him, recite the key points of Smokaes excellent post & that you're considering that course of action... Especially since you "saw" a very excellent 400 in another state but the transport costs were prohibitive...

    Commiserations mate.
  18. #18 cejay, Sep 12, 2010
    Last edited by a moderator: Oct 24, 2015

    I like that last bit.
  19. Just go get the deposit, then hope that the new buyer was too busy with their job on an oil platform to see the bike and paid by pay pal. Karma will come back to people who renege on deals.
  20. Kick his dog