don't you hate it when???
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  1. #1
    Fellow Frogger! downunderyank's Avatar
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    Default don't you hate it when???

    I am sooo pissed off right now! I just called the mechanic in Melbourne that had this 504 diesel wagon that he was getting from one of his clients and was going to sell to me. I've been calling him every week for the last month as he kept saying he was too busy to go and get it. I told him that I wanted it and that it was a done deal and I'd pick it up as son as he got it.

    I called him just now and he said that it's already sold! He said he got $2500 instead of the $1750 we'd agreed on as if it would make me feel better. I would have paid that for it easily if he'd have only called me and said that's what he needed to get. I've already sold my other 505 and looks like I'll be driving the ute from now on.

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    I've had this happen a few times now and am really getting sick of it. Has anyone else had this kind of thing happen with people selling things out from under them? Tell me your stories and it might make me feel better. I need something to right about now!!!
    Before you judge someone, walk a mile in their shoes. Then when you judge them, you're a mile away and you've got thier shoes!

  2. #2
    1000+ Posts kermit's Avatar
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    Happens all the time when it comes to selling Real Estate. It's called guzumping.
    Cheers Simon
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  3. #3
    Fellow Frogger!
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    Any written documentation of the agreement?
    Dunno if a verbal contract would hold up in VCAT.
    Sorry to hear it
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  4. #4
    Contented Peugeot Driver addo's Avatar
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    There needs to be unequivocal proof of a verbal contract, or (better) written proof of the existence of a contract. Your offer was clear, his acceptance it seems was not delineated (perhaps the car was not even specifically identified).

    Taking stuff like that to legals requires a case built on common law contract principles and actions, and a willingness to settle by mediation. If you had posted here a good while back of this agreement, and could further adduce phone/fax/email records in court, you'd have a good start. Should that be the case after careful examination, let him have both barrels; don't shilly-shally about. If the vehicle was intended for commercial use, then your losses are accruing...

    OTOH, I have to admit occasionally doing something like that to lose a client who was otherwise too thick-skinned to punt.

    Regards, Adam.

    p.s. The claim if lodged, "arose" in Tasmania. HE as the defendant would need to travel.

  5. #5
    Fellow Frogger! boodek's Avatar
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    A few years ago, I made an offer on a house which was accepted; I rang the agent back after a few days only to be told the vendor had accepted a higher offer instead - a classic case of gazumping. I was too young and stupid to do anything, and had nothing on paper anyway. Experience...
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  6. #6
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    Quote Originally Posted by addo
    There needs to be unequivocal proof of a verbal contract, or (better) written proof of the existence of a contract. Your offer was clear, his acceptance it seems was not delineated (perhaps the car was not even specifically identified).

    Taking stuff like that to legals requires a case built on common law contract principles and actions, and a willingness to settle by mediation. If you had posted here a good while back of this agreement, and could further adduce phone/fax/email records in court, you'd have a good start. Should that be the case after careful examination, let him have both barrels; don't shilly-shally about. If the vehicle was intended for commercial use, then your losses are accruing...

    OTOH, I have to admit occasionally doing something like that to lose a client who was otherwise too thick-skinned to punt.

    Regards, Adam.

    p.s. The claim if lodged, "arose" in Tasmania. HE as the defendant would need to travel.
    To have an enforceable contract, you need to pay some form of consideration as I've been taught anyway. But there seems to be exceptions for some things in case law as you say.

    Anyway, with car trades, its de rigeuer to pay some form of deposit (consideration). Without, I do not imagine you have any recourse - written/oral/otherwise contract or not.

    Sounds like a bit of a bugger though!

    Regards,

    Tim.
    Tim

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