Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law

I've recently entered into a signed contract of sale for my

Customer Question
Hi Pearl. I've recently entered...
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: 4 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
7/14/2017
Solicitor: John Melis,
 replied 4 months ago
John Melis
Category: Australia Law
Satisfied Customers: 765
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

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

Ask Your Own Australia Law Question
Customer reply replied 4 months 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.
Solicitor: John Melis,
 replied 4 months 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 *****

Ask Your Own Australia Law Question
Ask John Melis Your Own Question
John Melis
John Melis
John Melis
Category: Australia Law
Satisfied Customers: 765
765 Satisfied Customers
Experience: Principal Lawyer at Legal AU Pty Ltd

John Melis is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Daniel

Daniel

Solicitor

5,800 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

John Melis

John Melis

765 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I am a Yr. 6 classroom teacher for two days a week in a
I am a Yr. 6 classroom teacher for two days a week in a Riverland Primary C … read more
John Melis
John Melis
765 satisfied customers
Purchased a second hand bus from a bus sales company in Q
purchased a second hand bus from a bus sales company in Q LAND … read more
John Melis
John Melis
765 satisfied customers
COUNCIL HAS DECLINED AN APPLICATION FOR A SMALL DECK
COUNCIL HAS DECLINED AN APPLICATION FOR A SMALL DECK EXTENSION. Is the Land and Environment Court the best approach to get this overturned and do I need legal representation for such a hearing ?? … read more
John Melis
John Melis
765 satisfied customers
I own a small business I employ 6 staff I'm having trouble
I own a small business I employ 6 staff I'm having trouble with a staff member who has separated with there partner. they have been employed for a number of years with me . The staff have all become f… read more
John Melis
John Melis
765 satisfied customers
Katy is a 40 year old mother of three who has a drinking
Katy is a 40 year old mother of three who has a drinking problem, she is addicted to alcohol in its many forms as well as taking medicinal drugs. her husband has kicked her out of the house and her li… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
If requested is the body corporate management required to
If requested is the body corporate management required to supply a copy of the minutes to a committee member. We keep being told they are on the website however this is not the case and as we have a m… read more
John Melis
John Melis
765 satisfied customers
I am interested to find out what my entitlements are if i am
Hi, i am interested to find out what my entitlements are if i am being made redundant … read more
John Melis
John Melis
765 satisfied customers
I was divorced back around 2000 my passport number is XXXX.
My name is***** was divorced back around 2000 my passport number is ***** I have been living in Jakarta since then. I have two children from that marriage. I wish to fly back to Australia shortly but … read more
John Melis
John Melis
765 satisfied customers
I own a commercial property - warehouse. i want to get rid
I own a commercial property - warehouse. i want to get rid of a tenant who is unable to move out (large equipment). He is in default. I am at a loss. I have given him eviction orders but he cannot mov… read more
John Melis
John Melis
765 satisfied customers
When you get bullied and intiminated in your own home .what
when you get bullied and intiminated in your own home .what can you do about it … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
Victoria +australia +who is +responsible a computer Magazine
Hi, My name is***** +victoria +australia +who is +responsible a computer Magazine claims a Sotware program is Freeware, but when it is installed one finds it is not Freeware at all … read more
John Melis
John Melis
765 satisfied customers
I am looking to understand a fathers rights to
Hi, I am looking to understand a fathers rights to custody/contact after birth if the parents are not together … read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I have worked as a casual for the same employer for 18mths.
I have worked as a casual for the same employer for 18mths. I have asked on numerous occassions to be made permenant and always been ignored Now I am told this morning my services are no longer requir… read more
John Melis
John Melis
765 satisfied customers
CAN ABREAK OF EMPLOYMENT FOR 2 YEARS & THEN RE COMMENCING
CAN ABREAK OF EMPLOYMENT FOR 2 YEARS & THEN RE COMMENCING FOR 13 YEARS BE ADDED TOGETHER FOR LONG SERVICE LEAVE. SAME EMPLOYER IN TOTAL 21 YEARS … read more
John Melis
John Melis
765 satisfied customers
My son passed away in September his employer tried to put
my son passed away in September his employer tried to put his 1/4 super in by due date and money bounced back to his account. I have called many times and have been told both my sons accounts are inac… read more
John Melis
John Melis
765 satisfied customers
Haveing problems with my wife deboura. Nsw. Wife stoping me
wife stoping me seeing my child cassandra she is 14 years old… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I am after a criminal lawyer advice. Victoria. Was asked to
nope was asked to get one there is no trial i have not done anything wrong now its something that happened 4 years ago … read more
John Melis
John Melis
765 satisfied customers
My daughter is in year 4 at school and has been experiencing
Hi my daughter is in year 4 at school and has been experiencing bullying by teachers and students from being called a disappointment to a slut whore c**t and also being physically bullied and I'm not … read more
John Melis
John Melis
765 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x