Ok this probably sounds like sour grapes (and it is),

I paid $1000 deposit on a $5000 Mini K (It was magnificent!)
I waited a week while the owner organised a roadworthy.
He did this and said it was ready to be picked up.
The day I went to pick up the mini they changed their mind and wouldn't sell it.
I got my deposit back but was extremely p'd off.

Where did I stand in this situation?
If on the other hand, I pulled out of the deal, they could legally keep the deposit?

This situation still haunts me eight months later. My wife says I may need Mini counseling!

If you didn't sign anything, they can do what they want.

they have every right to pull out as you do too. they would have to give you your deposit fee back as it isn't technically there money. A holding fee on the other hand they could keep. If they went onto sel the car again you would have the right to be pissed but no legal right, unless of course you had a holding fee on it. It is more about people's lack of manners than legal unfortunatly.

Cheers

aaron

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Thanks for your perspectives,
At the time I was mainly concerned about my money.
And yes it comes down to manners, I was too nice!
This guy was all nice as pie to start with, when he wanted the sale.
Then his true colours came through.
I think there might be a few of these types out there, the opposite to tyre kickers.
Advertise their minis just for something to do.

Did I start looking for a mini at a bad time. Pre-Xmas time there were minis for sale everywhere and asking big dollars. I mean I've seen some minis advertised lately that I looked at back then 8 months later so they were probably over priced.

Maybe its lucky I didn't have a big wallet!

Whilst shopping for a MiniI I learnt to spot non genuine sellers. If I asked "what do you want for it" - and if the answer came back "I dunno" after asking a number times to find out what they wanted for it, then they were a time waster. This technique was only confirmed by a recent post in the 4 Sale section.

There was one bloke whose clubby on ebay had over 1500 hits in 10 days, I won the auction at $5400, but it fell short of his reserve. I offered him a fair bit more than $5400 even though it had a slipping clutch and gearbox that was noisier than the engine, but he still believed that it was worth heaps more than that. Six weeks later, his car is still on carsales for $9888....

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One should never skimp on the zip ties.

You're right, it propbably is a standard sale pitch.
I looked at a mini a guy was selling for his mate (he was overseas). It was crap.
This guy had a few minis himself and had a smart looking Clubman S for sale. But he couldn't tell me how much, I gave up asking.

So sorry to read this happened to you and I would be most p'd off as well.. I think though if it was me I would not have bothered with the roadworthy certificate and just brought it there and then on the spot. Especially if it was what I wanted.. I mean roadworthy's dont really mean much if you know a mechanic ..



Yes and it probably will still haunt you for many years to come unfortuantly ... I still regret to this day swapping my Morris Mini for a Datusn 1200 Coupe and that was many years ago...

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Opinions expressed by me are of my opinion only and are copyrighted to Kinkabell Corporation? 2006.

Yeah if you got your deposit back then no worries...

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Lillee - 1969 Morris Mini K

...hope you put a negative comment against the persons name on eBay...

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"Show me the Mini!"

Yes-I've shook hands on a car deal(Sunday)Come back with the money on
Monday,to be told its been sold to a higher price.
Very-very "Un-Australian"

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dont trust anyone.

unwritten rule with jap performance cars in my experience, if you leave a deposit, and they sell to someone else, they give you double your money back.

heard of it happening a few times... cause quite frankly, it's penalising a ****. and at the end of the day, that's a good thing.

he he he i had no idea really what i wanted for granny when i seen the wanted ad's i did not know i wanted to sell her to be honest and when djg come round and i seen the look in her eyes i knew she was the person to be grannys new caretaker some people care for there cars and sometimes get a negative feeling about sales and especially when there is attachment to the car ........ i'm not defending the seller but sometimes that will happen 11th hour and omg i cant sell this car i love it to much know what i mean
makka

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Anonymous moderation means the agro that is built up towards the mods isn't aimed at an individual (fewer "Makk" attacks). Less stress for mods means less moderator "retirements".

You'll get this all the time while looking for a mini. I had 3 different cars, go after I've agreed to buy them (two of them in Newcastle, I'd go there on the Satrurday and promise to bring the bank check on a work day, call them beforehand and its "sorry mate its gone") 3 different cars! Incredibly frustrating.

Both the NSW Sale of Goods Act and the Commonwealth Trade practices Act specify a cool off period as an implied condition for any purchase contract - so those deposits or holding fees or whatever the label is (the substance is all the same) are of very dubious legality (unless maybe you two sign a formal contract speccifying exactly what consideration (gain) for each party is. the buyer gains - an option to buy the car for up to a week for eg - and the seller gets - the deposit as payment for the option)/

I dont know why people put deposits down on cars without taking a receipt or anything like that......

YOU bring somebody to witness the event, YOU put money down, YOU ask for a receipt, ALL 3 sign the receipt. If no receipt, take the rego papers.

Another way to look at it - you must be prepared to lose your deposit money if things go sour. That is why you leave the minimum deposit amount (10% or whatever) instead of paying off half the car with the deposit.

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[NATHAN] -- Sold everything mini related and am back in big beautiful BMWs

I know what you mean Makka and I know you are a genuine and caring person .. Especially after I left the deposit that night and we walked outside.. I felt that you did not really want to sell her. Especially the way in which you looked at me leant over Granny and asked me to take care of her.

I promised you that I would and Granny will always be Granny.. Now the night in which I came to pick Granny up and we sat down in your computer room. I felt as if you really did not want to sell her. I sympathised with your feelings and knew how much Granny meant to you. So before I even handed the money over this is why I asked you if this is really what you wanted to do? I would have understood if you changed your mind and there would not have been any hard feelings. Sure I would have been dissapointed but never had bad feelings towards you. All it meant was that I would just have to wait a little longer for another Mini like Granny to come along..

But in saying this I am so happy that you sold her to me. I wont go into this now so you will have to read about it on Granny's website .. But Granny has really change my life and even my partner cannot believe the changes that this little Mini has made in me. It's like no one else could ever get through to me. But when Granny came into my life she certainly did and changed me for the better.

But as I said before Granny is never that far away from you and anytime you want to come visit her or take her for a drive all you have to do is ask ..

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Opinions expressed by me are of my opinion only and are copyrighted to Kinkabell Corporation? 2006.