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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My father traded my old car (in his business name) new

Customer Question

My father traded my old car (in his business name) for a new car (also in his business name) and we both contributed money to a new vehicle. I am the sole driver of this and he hasn't been inside once. He had purchased several cars from the same garage so told me he believed that he could get a sale if it was in his name - though now I realise his actual agenda.
We had a verbal agreement before purchasing the car which I've stuck to:
-I would pay him back when I could, noting that I would prioritise anything assisting my future first (this has led to me being unable to pay back the $60 as I work casually while studying full time).
-I would take very good care of the car (which I have, it has been serviced, new license plates, clean, no scratches... I even got a coat of Protektiv over the top to minimise potential damage.)
He has since then created a "written agreement", even though I didn't agree to it and has said that because I have not done this (though what he really wanted was for me to sate his ego) he is selling the car. I've actually met every part of the agreement apart from sending him $60 a week in to a joint bank account. I explained why I wouldn't be doing that to which I received, in a email "Dad understands that if Andrew follows certain career paths this may affect the timing of the repayments." These talks have been saved in case there is need for them to be brought up.
We don't keep contact as most of my family can't stand him. I received a text yesterday morning which sparked an abusive conversation with him. He told me if I didn't come up by myself and talk to him he would sell the car. I believe he either was going to get to me to come up to verbally abuse me or to have me sign a contract about the car which would give me no legal ground to stand upon.
I live in an isolated area, with very limited public transport and losing the car will prevent me from being able to work and my also from finishing my studies.
He has done something similar to my mother in the past, though she didn't seek advice, and am curious as to whether I'd have any legal rights to attempt to keep my car, or at least keep it until other arrangements may be made.
As this is the first time I've asked for legal help I have no idea what channels I should follow either. He sent another email this morning saying
"I consider this DEAL BROKEN.
I have told Andrew that on MIDDAY FRIDAY 21st MAY that I am changing the registration
( as he was doing me a big favour by accepting the AGP 512 plates ... there is no bottom to his shit )
and cancelling the insurance.
I will make arrangements to collect the car and l will sell it before its wasted.
On sale Andrew will get a full pro-rata share of his money in / trade in Suzuki
^which is only because I didn't wish to speak with him, as I was advised by the rest of my family it would be a mistake to. He is upset and believes I don't respect him and I don't believe that is fair grounds to attempt to destroy my future.
Submitted: 5 months ago.
Category: Australia Law
Expert:  Leon replied 5 months ago.
Good Morning. My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.You have a verbal agreement and if he has breached it then it is breached. You cannot resolve this unless you speak to him. Even if you go to court the court will want you to speak to him. If the car s registered in his company name and it paid for it then you have a problem. What do you want information on exactly? I can see what had happened but not sure what you wish to know?