Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200
   

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:

ACT  NSW  NT  QLD  SA  TAS  VIC  WA  

AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

Bought & sold car under finance unknowingly - HELP

 Post Reply Post Reply
Author
  Topic Search Topic Search  Topic Options Topic Options
Capitol View Drop Down
Newbie
Newbie


Joined: 12/November/2017
Location: Australia
Posts: 4
  Quote Capitol Quote  Post ReplyReply Direct Link To This Post Topic: Bought & sold car under finance unknowingly - HELP
    Posted: 12/November/2017 at 22:22
Hi, so I bought and sold a car which unknowingly had a finance on it. Wasn't aware of PPSR being new to the country. This was back in 2016 and used it for 5 months. After 5 months, I sold it and buyer spent an hour inspecting with a mechanic as he agreed to buy with no RWC and car was bought "as is, where is". So all was settled and transaction was completed.

More than a year later,2017, buyer comes back saying there is finance on it, this was the only time I was made aware of a PPSR check. Buyer keeps on visiting my house and saying he has spoken to a lawyer and giving me two options, either to return his money and he will return the car OR he will speak to his lawyer and make a report to the police.

My question is does he have enough legal grounds to sue me if I wasn't aware the car had finance on it? If he pursues in court do I have a strong case to win as an innocent buyer/seller or not?

Appreciate the help.

citizen-joe View Drop Down
Senior Member
Senior Member


Joined: 09/October/2005
Location: Australia
Posts: 338
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 13/November/2017 at 05:03
He may have a case against you, but you in turn may have a case against the person from whom you purchased the car. Might pay to check with that person and see what they say.

Saying you were not aware of any check procedure will not wash, but the onus on checking with the second purchase was with the person who bought from you. You may escape any liability if they failed to check before handing over their money to you.

Capitol View Drop Down
Newbie
Newbie


Joined: 12/November/2017
Location: Australia
Posts: 4
  Quote Capitol Quote  Post ReplyReply Direct Link To This Post Posted: 13/November/2017 at 05:49
..

Edited by Capitol - 13/November/2017 at 05:50

Capitol View Drop Down
Newbie
Newbie


Joined: 12/November/2017
Location: Australia
Posts: 4
  Quote Capitol Quote  Post ReplyReply Direct Link To This Post Posted: 13/November/2017 at 05:50
Originally posted by citizen-joe

He may have a case against you, but you in turn may have a case against the person from whom you purchased the car. Might pay to check with that person and see what they say.

Saying you were not aware of any check procedure will not wash, but the onus on checking with the second purchase was with the person who bought from you. You may escape any liability if they failed to check before handing over their money to you.


Hi, thanks for your response. The person who bought from me didn't do a check as well that is why the car has already been in his use for over a year already. He was already made aware of the interest as he was trying to sell the car again and a proper PPSR check was made. Now he has come back after a year trying to refund the car to me.

What do you suggest I do?



Edited by Capitol - 13/November/2017 at 05:58

citizen-joe View Drop Down
Senior Member
Senior Member


Joined: 09/October/2005
Location: Australia
Posts: 338
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 13/November/2017 at 18:54
Originally posted by Capitol

What do you suggest I do?


If it was me I wait till I received a legal letter from the purchaser's solicitor. I do not believe the police will become involved.

Then I'd take that to my own solicitor for a reply.

There is a legal doctrine of Caveat Emptor which translates as "Let the buyer beware" in other words it is his responsibility to ensure that there is no encumbrance on the item being purchased.

As I tried to allude in my previous response (but not very well) if he does succeed in any action against you, then you will have the same chance of succeeding against the person from whom you purchased the car.






Edited by citizen-joe - 13/November/2017 at 18:57

Capitol View Drop Down
Newbie
Newbie


Joined: 12/November/2017
Location: Australia
Posts: 4
  Quote Capitol Quote  Post ReplyReply Direct Link To This Post Posted: 14/November/2017 at 07:48
Originally posted by citizen-joe

Originally posted by Capitol

What do you suggest I do?


If it was me I wait till I received a legal letter from the purchaser's solicitor. I do not believe the police will become involved.

Then I'd take that to my own solicitor for a reply.

There is a legal doctrine of Caveat Emptor which translates as "Let the buyer beware" in other words it is his responsibility to ensure that there is no encumbrance on the item being purchased.

As I tried to allude in my previous response (but not very well) if he does succeed in any action against you, then you will have the same chance of succeeding against the person from whom you purchased the car.







Thanks for the clarification! Appreciate the help

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.