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Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14344
Experience:  I did my law degree at the University of Queensland
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Hi, I have bought a brand new van from an authorised wolkswagen

Resolved Question:

Hi, I have bought a brand new van from an authorised wolkswagen dealer. I have agreed to trade in a vehicle that they valued at $9000 with vehicle being inspecte at their car yard btheir personell.
I have signed a contract on 16/10/12 and was supposed to pick up the vehice today as finance was through but have just received a call from the dealer that informed me that the car i have traded in is worth only $4000 as it was a repairable write off. Can you please advise me where I stand in this situation and what to do next as I want the van but at the agreed conditions. Now I am aso locked into paying a loan for this vehicle and have paid addiional aount for the insurance as I didn't expect this. Thanks, Dragana.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane-Lawyer replied 1 year ago.
Can you please attach a copy of the contract you signed so I can have a look?
Customer: replied 1 year ago.

doing it now...

Expert:  Brisbane-Lawyer replied 1 year ago.
Okay
Customer: replied 1 year ago.


I am having trouble to find any of the formats you given me in a list. I only have jpg.


Customer: replied 1 year ago.

 

Here is the contract

Expert:  Brisbane-Lawyer replied 1 year ago.
The attachment didn't work.

Please email it to:
XXX@XXXXXX.XXX

And ask them to forward it to Alex in the Australia law group. This can take up to 24 hours.
Customer: replied 1 year ago.

Hi Alex, I have emailed the copy of the contract to the address provided above and asked them to forward it to you as described above.

 

Just to let you know you might have receieved an email containing contract that was sent by me to JustAnswer customer service (I had to change format of the file to be able to successfully upload the files onto JustAnswer as it doesn't accept the format that it was in at the time so they assisted me and provided list of acceptable formats) and was forwarded to you by:

 

Maria S.
Customer Support
JustAnswer

 

Here is the document in appropriate format as well so it hopefully works:

Contract of sale and terms and conditions page 1, page 2, page 3, page 4

Expert:  Brisbane-Lawyer replied 1 year ago.
Hi Alex, I have emailed the copy of the contract to the address provided above and asked them to forward it to you as described above.

Okay, I'll keep an eye out for it.
Customer: replied 1 year ago.


Please find the contract attached here: page 1, page 2, page 3, page 4.


 


deposit was paid as well here is the receipt for deposit

Customer: replied 1 year ago.


Here is 4 pages of the contract: page 1, page 2, page 3, page 4.


 


Here is the deposit receipt: page 1.


 

Expert:  Brisbane-Lawyer replied 1 year ago.

Thanks, XXXXX XXXXX all come through now. Give me a few hours to look it over, and get back to you.

Customer: replied 1 year ago.

thats great. thank you.

Customer: replied 1 year ago.

Can you tell me roughly how much longer do you think you will need?....

Expert:  Brisbane-Lawyer replied 1 year ago.
I am starting to look at it now. Sorry for the delay.
Expert:  Brisbane-Lawyer replied 1 year ago.
Can you please advise me where I stand in this situation and what to do next

Okay, I have looked over the four (4) scanned pages you attached. I saw no term in there allowing them to change the agreed Trade In Vehicle value. That means if you are willing to take them to Court over this, you would be likely to win.

However, you are best off telling them that their not giving you the value of $9000 is a breach of contract by the seller, and that allows you to rescind the contract and get back your deposit and the trade in vehicle.

Obviously if you do that you won't then get the purchase vehicle, but at least you won't be out of pocket for anything.

Should you have any other questions, please let me know.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14344
Experience: I did my law degree at the University of Queensland
Brisbane-Lawyer and other Australia Law Specialists are ready to help you

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