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I’m needing some advise my husband and I recently went to a…

Hi so I’m needing...

Hi so I’m needing some advise my husband and I recently went to a dealership and chose a car that we liked we put a $1000 dollar deposits down and signed a contract that stated that we were first inline for the car and it was subject to finance.

Lawyer's Assistant: What state is this in? And how old is the car?

Now we were still in the process of getting finance and they sold the car and did not inform us till we called them we can still get the $1000 dollars back but they sold the car that we had a deposit on and contract the car is in wa Perth 2007

Lawyer's Assistant: Has anything been filed or reported?

I called them to complain and tell them that they breached the contract and they lied and said that 360 finance the company we were going though with finance informed them that we had been declined which they lied I called 360 finance and they said no one had called and asked and we have not yet been declined so he lied so he could sell it

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We just feel that they vialated the contract and sold the car Whitch we really wanted and went behind our backs so we wanted to see if we could do anything about what they did as if it was us in the wrong they wouldn’t think twice about picking us up on it

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Answered in 5 minutes by:
3/7/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,556
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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in this situation you can raise a claim against the dealer for misleading and deceptive conduct under the Australian Consumer Law.

if they seller has not paid the deposit back yet, you are entitled to the deposit back that you paid.

you can also raise a claim under the Australian Consumer Law for the breaches by the dealer as well.

you have a legal right to be protected and the law will come to you aid.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars and thank you for using Just Answer.

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Customer reply replied 5 months ago
they have said that they will give us our money but we are still wanting to go further as they misslead us to Believe that with the signed contract and $1000 dollar deposit the car was ours subject to finace whitch before that was finalised they sold the car to another person so we’re do we go from here

in this case you can raise a claim under the Australian Consumer Law, Competition and Consumer Act 2010

the claim needs to be brought in the local court or you may try the tribunal SAT.

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Customer reply replied 5 months ago
Will this coast a lot of money to do this

no it will not, you can run the case in yourself

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Customer reply replied 5 months ago
I don’t know if this is a silly question but what would be a good out come as the car is already sold. We just feel really ript off and belittled what could happen to them if it gos in our favour

you have an entitlement to your deposit and nominal damages as the court considers fit for the breach by the trader for misleading and deceptive conduct.

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Customer reply replied 5 months ago
I’m a bit nervous as the are a big company but still what them to understand what they did was wrong and every person should be respected. do u help us get ready for the court case and that side of things ?

you will be ok

you have a legal right to protect yourself from this negative conduct by the dealer.

I have extended a special offer to talk on the phone, please look, it will help you if needed

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,556
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 months ago
I’m ready to talk on the phone(###) ###-####

ok

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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).

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