A contract is a contract- be aware

Eaglemax · Guru

A contract is a contract- be aware

jade46 · Senior Member

You left out a few words at the end of the story. Don't leave us hanging. What did you notice?

TBF · Member

I question your statement regarding the legality of the taped conversation.

How is it illegal?

Aart

rgren2 · Guru

TBF wrote:
I question your statement regarding the legality of the taped conversation.
How is it illegal?

Aart

Learn and inwardly digest.

https://www.smartsafe.org.au/legal-guides/legal-guide-surveillance-legislation-victoria#six

-- Edited by rgren2 on Sunday 21st of October 2018 08:31:48 PM

Eaglemax · Guru

Sorry Jade. Computer stopped working there
...we noticed they had a car the same make and model we were selling.

Post amended.

Yes, surveillance, my ex profession, persons taped must be notified of the fact

Ron-D · Guru

I have sold quite a few. Vehicles over the years never taken a deposit, just a bank cheque for the full amount ,followed by my receipt..

PeterX · Senior Member

About recording conversations

I believe it is different in different states.
It is different if it is one of the party's to the conversation made the recording.
The link mentions it not legal to share the recording , if the sharing has nothing to do with protecting your legal interest.

Rod Mac · Veteran Member

Recording of conversations legality varies State to State, in Qld it is OK to record a conversation as long as one of the parties knows the conversation is being recorded, i.e. you cannot record a conversation you are not taking part in.

Also the other party being recorded involved in the conversation does not need to be informed of the recording taking place, unless they query if the recording is taking place, and then they must be told of same.

Again, another reason to have federal rules across this country.

mezza56 · Senior Member

I think a bank cheque can even be stopped Ron -D . I've held deposits numerous times , I always ask for cash , happy to give a receipt , but cash it is , further to that cant say that I've sold anything and disclosed faults . Its buyer beware and up to them to get a check if they feel its required . If they reneg on the deal after the check I wont hand deposit back as I could have sold it during that time to others.

The Belmont Bear · Guru

Eaglemax personally I don't like selling vehicles privately because due to the potential problems that it can cause for both parties. A couple of times dealers have given me what I thought to be ridiculously low offers on trade ins so I have had no other option but to go with private sales. In your situation if I had known that my car was defective I would have had the repairs done myself and then asked for the full $10K. If you tell someone that there are defects but you will compensate them for the estimated cost of repair then my feeling is that you are no longer in the driving seat on what is a fair price. I don't like buying used cars from private sellers either as a few years ago I helped my daughter get her first car and the seller (unknown to us) had covered up a serious defect just to get rid of it - it was an expensive fix. In your case the ruling seems to have favoured the buyer so even if you had taken a $2000 deposit you would have still had to give it back.

My tip - prior to selling or trading a vehicle I go online and pay for a $30 Redbook valuation certificate so at least I know what price I should be asking for it. You can always use the certificate to prove that you have done your homework if you are being offered something that is well below the estimated value..

In my opinion the buyer should have just walked away as soon as you told him what repairs were required it probably would have saved both of you a headache.

Cheers
BB

The Belmont Bear · Guru

mezza56 wrote:
I think a bank cheque can even be stopped Ron -D . I've held deposits numerous times , I always ask for cash , happy to give a receipt , but cash it is , further to that cant say that I've sold anything and disclosed faults . Its buyer beware and up to them to get a check if they feel its required . If they reneg on the deal after the check I wont hand deposit back as I could have sold it during that time to others.

I sold a car for $12k a few years ago which the buyer paid for with a bank cheque, we were both happy shook hands and he drove away. the next day I went to deposit the cheque into my bank account the teller said sorry your surname has been slightly misspelt (which I hadn't noticed) so she wasn't allowed to accept it. I immediately had a sick feeling in the gut knowing that I no longer had the vehicle just a worthless piece of paper to show for it. Luckily when I rang the guy, he couldn't have been more appologetic and instead of taking the time to organise for another cheque I gave him my BSB and account No, and he transferred the funds straight into it.

Cheers

BB

Blues Man · Guru

The Belmont Bear wrote:
mezza56 wrote:
I think a bank cheque can even be stopped Ron -D . I've held deposits numerous times , I always ask for cash , happy to give a receipt , but cash it is , further to that cant say that I've sold anything and disclosed faults . Its buyer beware and up to them to get a check if they feel its required . If they reneg on the deal after the check I wont hand deposit back as I could have sold it during that time to others.
I sold a car for $12k a few years ago which the buyer paid for with a bank cheque, we were both happy shook hands and he drove away. the next day I went to deposit the cheque into my bank account the teller said sorry your surname has been slightly misspelt (which I hadn't noticed) so she wasn't allowed to accept it. I immediately had a sick feeling in the gut knowing that I no longer had the vehicle just a worthless piece of paper to show for it. Luckily when I rang the guy, he couldn't have been more appologetic and instead of taking the time to organise for another cheque I gave him my BSB and account No, and he transferred the funds straight into it.
Cheers
BB

Very lucky BB ,he could have done a runner. There are some honest people people around.

Ron-D · Guru

I suppode its possible to have a problem with a bank cheque ,we never ever have had a problem with them ,there very safe in my view,if you sell an expensive item worth twenty to thirty thousand dollars,an expect the buyer to show up with a sack full of cash good luck...

HandyWalter · Senior Member

I have always paid for my vehicles in cash. The reason is that banks charge a fee for a bank cheque. Last time I bought a vehicle was over $100K. I asked for cash. They asked why and I said I refuse to pay bank fees. I asked if they would waive the fee and give me a bank cheque. No was the answer so cash it was. I also like the look on the dealers face when i front up with lots of cash. Its priceless (and free ha ha) I could do a bank transfer, but then I have to wait a few days for it to be processed and cleared.

villatranquilla · Guru

looked at a car at a dealership that the dealer pointed out had some hail damage to the roof - was a good price even with the hail damage so paid $500 deposit and agreed to pick it up 3 days later when the road worthy was done and we had organised insurance.

Then discovered we could not get insurance until the hail damage was repaired (3 insurers contacted) so after checking legalities rang the dealer to say we did not want the car and as they did not have anything else suitable could we have our deposit minus the 20% they were entitled to keep.

They did offer to fix the hail damage for an extra $1000 but we felt it may have been a dodgy job so did not accept their offer. And the next day the full deposit was in our bank - they did not keep the 20%- great service and ensured we would go back there again.

In Victoria providing that you have not taken delivery/possession of the goods there is a cooling off period.

the rocket · Guru

mezza56 wrote:
I think a bank cheque can even be stopped Ron -D . I've held deposits numerous times , I always ask for cash , happy to give a receipt , but cash it is , further to that cant say that I've sold anything and disclosed faults . Its buyer beware and up to them to get a check if they feel its required . If they reneg on the deal after the check I wont hand deposit back as I could have sold it during that time to others.

Qld. I wanted to cancel a bank cheque a few years back. As much as i tried i was not able to cancel it.

2weis · Senior Member

in qld a few years ago we had a 4x4 (still under wty) towed in that had been bogged and the clutch and a big end destroyed trying to drive it out
we told the owner we would repair it at his cost and because we could see a dispute arising insisted on cash
when they arrived with a bank chq to pick it up the dealer principal said ok
that day the owners went to the bank and said/declared the chq was lost and payment was stopped on the chq
we then had to take the owner to court for payment
brian

STRETCH ARMSTRONG · Senior Member

Mmm,
I don't really understand why you would want to keep the peoples deposit anyway.
I would never do that to someone. Treat people how you would want them to treat you.
Looking at what happened, I think that's exactly how it went.

boab · Senior Member

My wife recently updated her car with a car valued at $17000 when she asked the dealer if she should pay with cash the dealer informed her they could not accept cash as any amount over $10000 meant they would be interviewed by the police as would she because of the possible money laundering, much the same as when the Commonwealth bank got a please explain over money laundering so would be keen to know if Handy Walter got a please explain after handing over $100,000 in cash

Eaglemax · Guru

STRETCH ARMSTRONG wrote:
Mmm,
I don't really understand why you would want to keep the peoples deposit anyway.
I would never do that to someone. Treat people how you would want them to treat you.
Looking at what happened, I think that's exactly how it went.

I'll tell you why stretch.

They purchased the vehicle. I had estmates from two mechanics on repairs needed. They had the option to

A/ get an inspection BEFORE purchase

B/ ring their own mechanics to obtain their estimate on costs BEFORE purchase

C/ If in doubt not leave any deposit

You can disagree, thats fine

-- Edited by Eaglemax on Monday 22nd of October 2018 02:40:20 PM

yobarr · Guru

Im wEaglemax wrote:
STRETCH ARMSTRONG wrote:
Mmm,
I don't really understand why you would want to keep the peoples deposit anyway.
I would never do that to someone. Treat people how you would want them to treat you.
Looking at what happened, I think that's exactly how it went.
I'll tell you why stretch.
They purchased the vehicle. I had estmates from two mechanics on repairs needed. They had the option to
A/ get an inspection BEFORE purchase
B/ ring their own mechanics to obtain their estimate on costs BEFORE purchase
C/ If in doubt not leave any deposit
You can disagree, thats fine

-- Edited by Eaglemax on Monday 22nd of October 2018 02:40:20 PM

Im with you Tony...a deposit was always known as a holding deposit,and signals intent to purchase,to the exclusion of all other purchasers.Who knows how many people were turned away after that deposit was taken,because you had some principles, which nowadays are often conspicuous by their absence.The deposit should NEVER be returned.In days long gone,a mans word was sufficient,but nowadays there are many people who have no principles.Sad,and were not talking sheep stations here..... what was it? A miserable $200? Spare me.Cheers

-- Edited by yobarr on Monday 22nd of October 2018 04:16:57 PM

mezza56 · Senior Member

Stretch if you are selling a vehicle and you have a few buyers or poss buyers and someone wants you to hold the car for them till they make arrangements to pay you surely would ask for a deposit to show their commitment to the deal . your other poss purchasers go elsewhere in the meantime and the first guy cant progress with the deal . We'll mate , I've let a couple of poss purchasers go , of course I'll keep the deposit , thats the whole idea of a deposit ????

STRETCH ARMSTRONG · Senior Member

Thing is,

I have principles that may be old fashioned and often missing from this greedy world we live in. I'll not give in to this. I will always give others the best I can in hope that they will pass it forward.

Sometimes I loose, but most of the time people return your kindness. The last vehicle I sold was a Landcruiser. The young person who brought it was strapped for cash. I sold it to them and let them take it. It took 2 years for them to pay me in full and the surprise at the end was they gave me $1500 extra because I helped them.

It cost me to help them, I took a loan to buy my new vehicle but I would have it no other way.

-- Edited by STRETCH ARMSTRONG on Monday 22nd of October 2018 04:57:03 PM

TBF · Member

Rod Mac wrote:
Recording of conversations legality varies State to State, in Qld it is OK to record a conversation as long as one of the parties knows the conversation is being recorded, i.e. you cannot record a conversation you are not taking part in.
Also the other party being recorded involved in the conversation does not need to be informed of the recording taking place, unless they query if the recording is taking place, and then they must be told of same.
Again, another reason to have federal rules across this country.

Thank you Rod Mac

That is exactly why I questioned the illegality.

I also have an ex-profession, based in Qld and agree fully with you regarding the Qld status.

Have never had to used it outside of Qld.

Aart

TBF · Member

rgren2 wrote:
TBF wrote:
I question your statement regarding the legality of the taped conversation.
How is it illegal?

Aart
Learn and inwardly digest.

https://www.smartsafe.org.au/legal-guides/legal-guide-surveillance-legislation-victoria#six

-- Edited by rgren2 on Sunday 21st of October 2018 08:31:48 PM

Not much to learn there, as it only relates to surveillance and not for the recording in the car buying scenario.

HandyWalter · Senior Member

No I did not. But I was asked what i was using the money for by the bank. not sure if they wrote anything down as it was over 2 years ago. Dealer just took the money no questions asked.

Eaglemax · Guru

STRETCH ARMSTRONG wrote:
Thing is,
I have principles that may be old fashioned and often missing from this greedy world we live in. I'll not give in to this. I will always give others the best I can in hope that they will pass it forward.
Sometimes I loose, but most of the time people return your kindness. The last vehicle I sold was a Landcruiser. The young person who brought it was strapped for cash. I sold it to them and let them take it. It took 2 years for them to pay me in full and the surprise at the end was they gave me $1500 extra because I helped them.
It cost me to help them, I took a loan to buy my new vehicle but I would have it no other way.

-- Edited by STRETCH ARMSTRONG on Monday 22nd of October 2018 04:57:03 PM

And if they didnt pay you at all Stretch and didnt obviously give you the extra?

"OLD FASHIONED PRINCIPLES" not really Stretch, naivety I'd say and its your choice but, as most people believe the usual deposit purpose and how I went about the sale was correct, you are the odd one out.

I dont mean to isolate you, you've done a better job of that yourself. Your ideas of putting blind faith in strangers is unwise, to use a friendly term and most rare...that doesnt mean its good but its your money.

Anyway, I'm happy some people are getting value from me posting the event.

Knightrider · Senior Member

Why are people still dealing with the outdated bank cheque system. Just have the prospective buyer direct credit into your bank account and when the money is in your account, sign over the car. After all, it is 2018. No need for cheques, no need for bank premises, no need for the delays in having the cheque cleared.

Dickodownunder · Guru

Knightrider wrote:
Why are people still dealing with the outdated bank cheque system. Just have the prospective buyer direct credit into your bank account and when the money is in your account, sign over the car. After all, it is 2018. No need for cheques, no need for bank premises, no need for the delays in having the cheque cleared.

Absolutely.......

The Belmont Bear · Guru

In the OP Eaglemax you said the dispute went to court (or whatever the VCAT is) and they ordered you to return their money. At the end of the day it doesn't really matter whether people believe you should have given back the deposit back or not it appears that you had no choice in the matter. You left option D) off your list i.e. you get the problem fixed and they then pay you the agreed amount once it's been done.

Last month we traded my wife's Honda Civic hatch in on a new Exceed Cross the car was 4 years old, in like new condition and had very low kms on it. Close friends of ours offered to pay us the same amount for it as we had been offered for the trade. I can't tell you how relieved we both were when after a test drive they said that although it was a beautiful car the wife had had trouble with vision out the back window and had decided not to take it. We felt a whole lot better just driving the Honda into the dealership handing over the keys and rego papers then forgetting about it - piece of mind.

Call me old fashioned if you like but I will not be transferring the full amount into anyone's bank account without having the vehicle. I will exchange a bank cheque for the rego papers and the keys and if that's not acceptable no problem keep the vehicle and I will take my money elsewhere.

Cheers

BB