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My son has just bought a new car from a Holden dealer in…

My son has just...

My son has just bought a new car from a Holden dealer in Castle Hill for $47,000. He paid a $2,000 deposit and applied for finance through them for $45,000. They told him the application through St George was approved and he picked up the car. It is now registered in his name and has entered a comprehensive insurance policy with NRMA. A few days after picking up the car the dealership contacted him and told him is finance application has been declined because his ABN is less than two years. He actually first obtained his ABN in 2009 but due to a change in employment it was suspended in 2012. He got it reinstated in November 2017. What are his legal options to ensure he is not stood over by the Holden dealership. They are asking him to pay a bigger deposit and take out a personal loan at a higher interest rate. He does not want to do either and prefers to keep the car which must be in his name as they registered it to him as the owner. Thank you. ***** *****

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

NSW. Vehicle is new 2017 model.

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

No nothing

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Answered in 18 minutes by:
3/8/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,561
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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Larry did your son receive notice from St George the finance was declined ?

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Customer reply replied 5 months ago
Hi John, no only verbally from the Holden dealer who did it initially through a third party who introduced my son to the dealer. The dealer subsequently spoke to my son.

did you son have any paper work from the dealer in relation to the finance

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Customer reply replied 5 months ago
No he has nothing in writing regarding the finance. He only received a verbal advice from the sales/dealer finance person that the loan was initially approved

in this situation a claim may be able to be raised on the basis of misleading and deceptive conduct by the seller.

this conduct has led your son into signing the contract to your son's detriment, therefore causing loss.

this claim would need to be brought into NCAT.

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

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
Thanks John, I am only interested in initial advice and prefer not to spend any further money at this time. Please explain what NCAT is, thanks.

NCAT is the New South Wales Civil Administrative Tribunal.

NCAT is a low cost option in regards ***** ***** disputes.

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Customer reply replied 5 months ago
Thanks for your advice. We will wait to see what the Holden Dealership response is. Thanks for your time. Bye for now.

you are welcome

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,561
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
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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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