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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5777
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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There, I bought a car from a private seller and I wasn't

Customer Question

Hi there,
I bought a car from a private seller and I wasn't able to check at the time of the car had any finance on it. The seller wrote in the bill of sale that there's no money owing on the car.
Unfortunately I got a call from a finance company saying the car has finance on it and nothing has been payed yet. I tried to contact the seller and he's number has been disconnected.
I've been talking to the finance company and they provide me with a new address and a new phone number for the seller. They contacted him and I did aswell and he told them that he will pay the full amount immidiatly. We tried to contact him again the next day and his number was disconnected and the real estate agent informed us that he left the property too.
At the moment the finance company is trying to get new information but they do want to take the car off me.
What can I do now?
Submitted: 2 years ago.
Category: Australia Law
Expert:  Daniel replied 2 years ago.
Sadly they can have the vehicle taken of you, regardless of what happens.
You can however offer to pay out the amount and keep the vehicle of course.
In respect of the matter, you do have a claim against the seller for misleading you, but the issue is that a court would look dimly upon you for not looking into it, sadly a court will accept that you too were negligent in not doing a REVs check.
The issue now is trying to locate the seller. Clearly they have now absconded and unless you can find them, your chances of getting the money back are slim at best.
Please click accept.