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Post Info TOPIC: Paid deposit - not all as advertised - won't return deposit


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Paid deposit - not all as advertised - won't return deposit


Hey Gang, 

 

Greetings.  Looking for advice on getting my deposit back.  Feels like a case of "misrepresentation..."

 

I was within a week of picking up an Expanda 18, with a 06 Pajero package deal.  The owner, about to do a 2 year lap, had done this before, and had lots of expertise (had to sell for medical reasons).  The owner told me the Pajero was fine to tow, but did mention "if you're towing all the time, the suspension needs to be upgraded."  I would say shouldn't that be any time??

A week into negotiations I was wanting a second detailed look, to talk price and make an offer, but schedule was challenging, delaying me 2 days.  In good faith I offered a deposit so I don't "lose the deal."  The owner said 2 people had wanted the car, 1 with cash in hand "that day.." but she held it for me.  (Only 1 message about the van, no show.) 2 days later I inspected the van, we agreed on a price.

The next day, I was about to put the paperwork into motion.  I asked to take the Pajero to my mechanic for a typical inspection (The owner had all the roadworthy's & vans gas done.)  Then the maneuvering began.  "My insurance won't cover you driving my car" Yet, I had taken it for a test drive the day before.  I could get insurance with my company so it would be covered... "I don't feel comfortable with you taking my vehicle"  The owner did agree to a mobile inspection.  When I called to cancel with my mechanic, he said that vehicle is too small to tow, based on specs, and didn't recommend it.

It all started to seem odd, in the 11th hour, balking at a simple, typical independent inspection, like the owner was trying to hide something about the car.  I pulled out, asked for my deposit back... "No, you pulled out of the deal.  No refund.  I held it for you, and put off other people..." (2 of them)

The owner told me the van is at least at max weight of 2500.  The Pajero is rated max at 2500, not to mention the tow-ball weight decreasing usable load in the car.  Once the kid and I are in, there's probably 350kg of load left.  See Picture below.

The owner sent a picture of the rig ready to go, from few weeks/month ago.  Back wheels bowing in.  I was told there was extra stuff in the back for opshop drop-off... Bricks?

Being new to this game, I was relying on her experience and seeming honesty/integritty (holding the vehicles) to assure me, but it feels like she's desperate to sell (leaving the island) and "talked me into it/stretched the truth."

I'd appreciate unfiltered perspective (you don't have to tell me I was stupid, and overly trusting - I know that part), suggestions, and advice.  I'd like to get my $1K deposit back. Thanks friends.  (1 friend suggested small claims court). :o

Thanks Friends!  Hope to see you on the road soon!!!  P

Screen Shot 2021-05-05 at 10.19.33 AM.png

 



-- Edited by Britaussiedude on Wednesday 5th of May 2021 11:09:02 AM



-- Edited by Britaussiedude on Wednesday 5th of May 2021 11:09:52 AM

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Paul Creationtrek.com


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Welcome to GN's ,
Caveat emptor - you've lost your deposit - Go to Caravan Council website and find out how you should go about purchasing a SH van www.caravancouncil.com.au/

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One should have done due diligence before handing over a deposit, at least it is only a $1k life lesson.



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Hi ,i` feel sorry for you BUT ,buying privately you really have no recourse against the seller as far as i can see . Yes a $1,000 loss is annoying but not the end of the world ,people have lost far,far more in life and you just have to learn this hard lesson . Engaging a solicitor will cost you half this amount for a couple of hrs of there time so its a no go in my opinion ,and i say this through experiance . Move on and save yourself any more worry .
All the best for the future mate .

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Hi and welcome. Some people are  just dishonest grubs. There are a few legal eagles on here, lets wait n c what they say. I thought there is a cooling off period and did u sign a contract?



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Buying privately unfortunately is caveat emptor, no cooling off period or warranty. You will do well to get a refund.

Buying from a licensed dealer gives you a cooling off period on the vehicle (not the caravan) plus a warranty. You also have redress in the event of a dispute plus clear title is guaranteed.

Good luck getting your deposit back.

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Monty. RV Dealer.



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Britaussiedude wrote:

Hey Gang, 

 

Greetings.  Looking for advice on getting my deposit back.  Feels like a case of "misrepresentation..."

 

I was within a week of picking up an Expanda 18, with a 06 Pajero package deal.  The owner, about to do a 2 year lap, had done this before, and had lots of expertise (had to sell for medical reasons).  The owner told me the Pajero was fine to tow, but did mention "if you're towing all the time, the suspension needs to be upgraded."  I would say shouldn't that be any time??

A week into negotiations I was wanting a second detailed look, to talk price and make an offer, but schedule was challenging, delaying me 2 days.  In good faith I offered a deposit so I don't "lose the deal."  The owner said 2 people had wanted the car, 1 with cash in hand "that day.." but she held it for me.  (Only 1 message about the van, no show.) 2 days later I inspected the van, we agreed on a price.

The next day, I was about to put the paperwork into motion.  I asked to take the Pajero to my mechanic for a typical inspection (The owner had all the roadworthy's & vans gas done.)  Then the maneuvering began.  "My insurance won't cover you driving my car" Yet, I had taken it for a test drive the day before.  I could get insurance with my company so it would be covered... "I don't feel comfortable with you taking my vehicle"  The owner did agree to a mobile inspection.  When I called to cancel with my mechanic, he said that vehicle is too small to tow, based on specs, and didn't recommend it.

It all started to seem odd, in the 11th hour, balking at a simple, typical independent inspection, like the owner was trying to hide something about the car.  I pulled out, asked for my deposit back... "No, you pulled out of the deal.  No refund.  I held it for you, and put off other people..." (2 of them)

The owner told me the van is at least at max weight of 2500.  The Pajero is rated max at 2500, not to mention the tow-ball weight decreasing usable load in the car.  Once the kid and I are in, there's probably 350kg of load left.  See Picture below.

The owner sent a picture of the rig ready to go, from few weeks/month ago.  Back wheels bowing in.  I was told there was extra stuff in the back for opshop drop-off... Bricks?

Being new to this game, I was relying on her experience and seeming honesty/integritty (holding the vehicles) to assure me, but it feels like she's desperate to sell (leaving the island) and "talked me into it/stretched the truth."

I'd appreciate unfiltered perspective (you don't have to tell me I was stupid, and overly trusting - I know that part), suggestions, and advice.  I'd like to get my $1K deposit back. Thanks friends.  (1 friend suggested small claims court). :o

Thanks Friends!  Hope to see you on the road soon!!!  P

Screen Shot 2021-05-05 at 10.19.33 AM.png

 



-- Edited by Britaussiedude on Wednesday 5th of May 2021 11:09:02 AM



-- Edited by Britaussiedude on Wednesday 5th of May 2021 11:09:52 AM


Our 2009 auto Pajero was rated to tow 3.0T, why is yours only 2.5T?

Dick.



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You could try your local consumer affairs dept and see what they advise, you could also ring a few solicitors(often your first meeting is free) and get some advise.
A letter from a solicitor could be useful, maybe! Might scare the seller into refunding your money?
Small claims could be your cheapest option, will take some time and you will have to prepare your case carefully, this in its self may show the seller that your serious!
There are some cheap optios that could 'scare " the seller into handing it back, or maybe negotiate, say half back.?
I think you need to do something, I would
good luck I am sure you have leant a lesson, hopefully people here won't continue to remind you of this!!
Ian


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Ask your solicitor's hourly rate before you go down that path. Not only you will probably not get your $1k back, you will be up for $300+ per hour for their help & they are experts at charging for every minute.

 



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Hey Friends,

Thanks so much for all the advice! All noted. I'm still pursing avenues. Yes, a valuable learning experience, and reminder to listen to that voice inside screaming "don't do it...." Love is blind.... Blinded by the excitement of getting into this lifestyle. Soon!

I'll keep you updated of my Soap Opera...

Cheers,

Paul

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Paul Creationtrek.com


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Dick, 

Thanks for the input.  Apparently the weight rating changed from 06 to 09, as I did see newer models with that 3t rating.  Bummer.

Do you think the 2.5t is a bit too close to the max weight of the trailer???? 

Best, 

p



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Paul Creationtrek.com


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Legal Aid and Community Legal Centres will give you free legal advice from a qualified lawyer in relation to this matter. 



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Britaussiedude wrote:

Dick, 

Thanks for the input.  Apparently the weight rating changed from 06 to 09, as I did see newer models with that 3t rating.  Bummer.

Do you think the 2.5t is a bit too close to the max weight of the trailer???? 

Best, 

p


 Pajero can't SAFELY tow 3000kg as a PIG trailer (Caravan) as maximum towball weight drops to 180Kg with trailers over 2500kg.Stupidity in the extreme trying to SAFELY tow with 6% towball weight.Forget trying to tow more than 2500kg.From your posts,I have formed the opinion that this seller is no stranger to embellishing the truth.Just walk away,cut your losses,put it all down to experience,and move on.You say that "The owner told me the van is at least at maximum weight of 2500kg",which I take to mean that it weighs more than 2500kg? If so,the seller has saved you a lot of heartache.Look elsewhere if you want to travel full-time for two years.Good luck with your search,but please keep us up to date! Cheers

 



-- Edited by yobarr on Friday 7th of May 2021 12:37:38 AM

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v



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What state are you in? I ask because costs vary if taking the dispute to the Small Claims Court. Cost in Qld of going to the SCC is very low and the matter is dealt with by QCAT. Very rare to ever need a legal rep so again, costs are small. I have recently helped a couple of people go to the SCC and all four have been dealt with quickly and, to my mind, fairly. If the seller has no forceful grounds for keeping the deposit, then a court order will sort him out quickly. In one case I have knowledge of, the naughty person was wholly intimidated by having a Magistrate question her about her side of the story. If the seller in this case has said or intimated something that is in anyway questionable, Im confident a SCC claim would go your way.

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not much you can do about the 1K that is done ,
what is there to fight the Pajero is rated at 2500
van weight is 2500
all legal weights and not over
just cut your losses and have a beer, life is too short for stressing out
bob

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bobsa wrote:

not much you can do about the 1K that is done ,
what is there to fight the Pajero is rated at 2500
van weight is 2500
all legal weights and not over
just cut your losses and have a beer, life is too short for stressing out
bob


 The seller advised that the van is at LEAST at maximum weight of 2500kg which means that the least it weighs is 2500kg.Too much for the Pajero,as evidenced by the photo of its bow-legged stance,surely? However,I agree that the buyer should simply cut his losses,put it down to experience, and grow up. We're not talking sheep stations here,but rather a miserable $1000.Petty spit,but typical these days,where every mistake is somebody else's fault.Spare me! Cheers



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To some, $1000 isnt a miserable amount. 

I seem to remember a meme or such about name calling?



-- Edited by TheHeaths on Thursday 6th of May 2021 06:23:02 PM

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On a $50k (for arguments sake) purchase, if one is worried about $1k you shouldn't be buying in the first place.

 

But in relation to the purchase of the car & caravan which was not fit for purpose it probably was about a 2% loss.

The other option was to buy it & on sell it with probably a 10% loss.

One could argue that by cutting losses one is 8% ahead!



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Whenarewethere wrote:

On a $50k (for arguments sake) purchase, if one is worried about $1k you shouldn't be buying in the first place.

 But in relation to the purchase of the car & caravan which was not fit for purpose it probably was about a 2% loss.

The other option was to buy it & on sell it with probably a 10% loss.

One could argue that by cutting losses one is 8% ahead!


 Careful Jonathan. It seems that logic confuses some? Cheers



-- Edited by yobarr on Thursday 6th of May 2021 06:41:01 PM

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I am sure there is a Yes Minister argument in there somewhere!



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correct Yobarr ,
reread I missed a bit ,
yes, experience is a wonderful teacher, I been taught a few lessons myself
over the years and still learning lol
bob

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Yobar wrote : "However,I agree that the buyer should simply cut his losses,put it down to experience, and grow up. We're not talking sheep stations here,but rather a miserable $1000.Petty spit,but typical these days,where every mistake is somebody else's fault.Spare me! Cheers"

I am sure the poster will benefit from those last 3 lines!

Yobarr, Your a class act thats for sure!
Ianno



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Wanda wrote:

Yobar wrote : "However,I agree that the buyer should simply cut his losses,put it down to experience, and grow up. We're not talking sheep stations here,but rather a miserable $1000.Petty spit,but typical these days,where every mistake is somebody else's fault.Spare me! Cheers"

I am sure the poster will benefit from those last 3 lines!

Yobarr, Your a class act thats for sure!
Ianno


 Delivered like a sledgehammer.....but true nonetheless.smile



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Monty. RV Dealer.



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montie wrote:
Wanda wrote:

Yobar wrote : "However,I agree that the buyer should simply cut his losses,put it down to experience, and grow up. We're not talking sheep stations here,but rather a miserable $1000.Petty spit,but typical these days,where every mistake is somebody else's fault.Spare me! Cheers"

I am sure the poster will benefit from those last 3 lines!

Yobarr, Your a class act thats for sure!
Ianno


 Delivered like a sledgehammer.....but true nonetheless.smile


 I call it as I see it, thats just me..biggrin

It would help if he engaged his brain before posting!

Ian



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Wanda wrote:
montie wrote:
Wanda wrote:

Yobar wrote : "However,I agree that the buyer should simply cut his losses,put it down to experience, and grow up. We're not talking sheep stations here,but rather a miserable $1000.Petty spit,but typical these days,where every mistake is somebody else's fault.Spare me! Cheers"

I am sure the poster will benefit from those last 3 lines!

Yobarr, Your a class act thats for sure!
Ianno


 Delivered like a sledgehammer.....but true nonetheless.smile


 I call it as I see it, thats just me..biggrin

It would help if he engaged his brain before posting!

Ian


 I think he calls it as he sees it!smile



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Monty. RV Dealer.



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No need to insult and put someone down who is obviously upset/dissappointed he has possibly lost a grand.
Posts here for some advise(not to be shat on I would think) and gets told to "grow up" and its only "$1000" and to top it off calls it a "petty Spit and stop blaming others"
Really helpfull and supporting.............................NOT!no
No excuses
Ianwink



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Some advice when buying privately.

1) Inspect thoroughly and if necessary take an experienced person to do so, with particular attention to weights.

2) Pay only a nominal holding deposit until pickup...$200/300. It has been known for sellers to disappear after taking numerous deposits on somebody else's van.

3) Check the vendor's ID against the name(s) on the rego papers.

4) Check the vin number on the compliance plate against that on the rego papers and note the 17 digit number.

5) Using the 17 digit Vin number do an online PPSR search to establish no money owing, not stolen or written off.

6) Only hand over the payment balance at time of pickup.

7) Remember the ACA excludes auction and private sales, so caveat emptor.

 

 



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Monty. RV Dealer.



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montie wrote:
Wanda wrote:
montie wrote:
Wanda wrote:

Yobar wrote : "However,I agree that the buyer should simply cut his losses,put it down to experience, and grow up. We're not talking sheep stations here,but rather a miserable $1000.Petty spit,but typical these days,where every mistake is somebody else's fault.Spare me! Cheers"

I am sure the poster will benefit from those last 3 lines!

Yobarr, Your a class act thats for sure!
Ianno


 Delivered like a sledgehammer.....but true nonetheless.smile


 I call it as I see it, thats just me..biggrin

It would help if he engaged his brain before posting!

Ian


 I think he calls it as he sees it!smile


 Thanks Montie,for your support.At an early age I was taught by my father to "Say what you mean,and mean what you say". On occasion,this may offend more sensitive souls with too much spare time on their hands,for which I am deeply apologetic.Under the circumstances it seems that the vendor has actually saved Paul,for the sake of $1000,from a sea of problems and a lot of heartache,as the bow-legged stance of the Pajero suggests that it is waaay too heavy on the back axle.That would indicate that the towball weight is greater than the 180kg allowed when the van weighs over 2500kg.Paul will now perhaps be better informed when he resumes his search for a suitable tow vehicle,and I wish him well in his efforts.Cheers



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montie wrote:

Some advice when buying privately.

1) Inspect thoroughly and if necessary take an experienced person to do so, with particular attention to weights.

2) Pay only a nominal holding deposit until pickup...$200/300. It has been known for sellers to disappear after taking numerous deposits on somebody else's van.

3) Check the vendor's ID against the name(s) on the rego papers.

4) Check the vin number on the compliance plate against that on the rego papers and note the 17 digit number.

5) Using the 17 digit Vin number do an online PPSR search to establish no money owing, not stolen or written off.

6) Only hand over the payment balance at time of pickup.

7) Remember the ACA excludes auction and private sales, so caveat emptor.

 

 


 Some very sound advise Montie and put in a respectful way

cheers

sensitive soul



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Thank you everyone for your "colourful" and encouraging input. This has been a very educational last few weeks...

Moving forward to a much better rig!

Best,

Paul

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