How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask kmslaw Your Own Question
kmslaw
kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 195
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
72036894
Type Your Australia Law Question Here...
kmslaw is online now
A new question is answered every 9 seconds

I have sighned a contract second hand car (holden) using a

Customer Question

I have sighned a contract for a second hand car (holden) using a (mazda) for a trade in. The deposit has been paid on the deal. The holden required some minor repairs ,so the change over was scheduled for 4 days later.About 48 hrs. after the contact was sighned, the dealership contacted me to inform me that my trade in mazda had returned a result of having been previously deemed writen off. This is news to me. The dealer e~mailed me the report. I was not aware. I purchased the mazda second hand without a search of its history. The dealer has said to me that he is willing to offer me an option of going ahead with the agreed price plus an additional $1000. My question is " is he bound by the contract as we originally agreed on or is he within his writes request additional funds or can he pull out of the contract all together ?" I can not see anything covering this event within the contract itself.
Submitted: 1 year ago.
Category: Australia Law
Expert:  kmslaw replied 1 year ago.

Hello my name is***** am a solicitor in NSW and I am going to assist you with your inquiry today.

Do you have a copy of the contract that was signed so that you can attach it for me and I can have a look at it? It may have terms within the contract that say that you warrant that the car has never been written off, which you are in breach of, in which case the dealer can elect not to continue with the contract. However I cannot be certain of its terms so best for you to attach it and for me to have a look at it.

Kylie