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John Melis
John Melis,
Category: Australia Law
Satisfied Customers: 256
Experience:  Principal Lawyer at Legal AU Pty Ltd
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I've recently entered into a signed contract of sale for my

Customer Question

Hi Pearl. I've recently entered into a signed contract of sale for my car. As I'm working overseas, the sale was organised via phone/email. Upon flying back to Australia to make the sale, the buyer has renegged on the sale. As I had closed off advertising and also cancelled the storage of the car I subsequently upon arrival to Australia loewred the price of the car to make a quick sale. I've lost approximately $16k in the agreed sale price becuase of this. I'm looking to pursue the buyer for the shortfallof the contract price if this is a possibility?
JA: What state is this in? And how old is the car?
Customer: NSW it's a 2008 model car
JA: Has anything been filed or reported?
Customer: Audi R8 No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The car has been sold to someone else. So I'm unsure of my rights etc.
Submitted: 8 days ago.
Category: Australia Law
Expert:  John Melis replied 8 days ago.

Dear customer, your matter relates to contract law.

The long held rule of contract is that once the signature of a party is written on the agreement and exchange has occurred, the contract will be binding even if the party has not read the terms and conditions. However, there are limited exceptions to this rule, that would ultimately need to be argued in court.

In relation to your matter, whether you can pursue a claim against the former purchaser for the loss that was incurred, it will be subject to the contract that was entered into with that party. If the contract is silent on the specific matter, it will be difficult to raise a claim against that party. However, subject to the time frame this matter occurred, you may be able to claim a breach-of-contract against that party and sue for damages.

The key element in your claim is the contract that was sign with that party. If there is no contract a claim for breach-of-contract will be difficult.

If you'd like to discuss this matter further, I welcome you to request telephone services.

Kind regards

John Melis

Customer: replied 8 days ago.
Hi John, thanks for the advice. Yes we can discuss further by phone. Is there a number I might call you on? I have a written contract of sale with the former buyer.
Expert:  John Melis replied 8 days ago.

Dear customer, if you respond to this message, it will allow me to activate the services for telephone communication, or alternatively you may select telephone services own your side.

Kind regards *****