Sold car and the buyer paid but still hasn't collected the car

[woodsy799]

Hi Everyone, just wanting to get some advice on my car. I sold it on ebay March 29th for $810 and the buyer paid. He was making contact with me all the time in the beginning and then the communication stopped. The car needs to be towed as it isnt registered and the buyer was fully aware of this. The problem i have is that the car is sitting in my drive way and there is no car space for my new car. If i put the other one out on the street it will be towed away. He has all of my contact details but i never got his. Not sure what i should do with the car i have tried many times to contact the buyer but still no response.

[thecatspjs]

if you spent the money before buyer picking up and signing off transfer of vehicle papers which are required by law, then I suppose it was a risk that you took that was not a good one.

[whipstick12]

Cats,the OP states the car is unregistered,so the only paperwork needed would be a receipt,or thats how it used to be. JMO

[kez_y]

You aren't legally obliged to offer him a refund simply because he has changed his mnd about the purchase, i have found this on the uncollected goods fair trading NSW site for goods of this price range.

The trader can only dispose of the goods by public auction and only if:

written notice has been given to the consumer and each other person claiming an interest in the goods of the intention to dispose of the goods;  andthe goods remain uncollected after 6 months of that notice;  anda copy of that notice is published, at least 28 days before the goods are disposed of, in a daily newspaper circulating throughout NSW.

[kez_y]

Until then u may charge him for the storage of the car

[kez_y]

You cant transfer an unregistered car. he fills out a notice of disposal form which is sent to the RTA. 

[thecatspjs]

my bad. I suppose I assumed that even if unregistered - it still had plates to be handed back, which is required when disposing of unregistered vehicle.

[kez_y]

You can sell the unregistered car without plates to the new owner. just means the new owner will need to pick it up by tow truck

[whipstick12]

Woodsy,maybe a check at your local Police station(seeing as how you have his name) ,when buyers vanish like that,sometimes they are staying in Her Majestys care:|

[kez_y]

The only thing needed by the customer is a receipt. This has been sent when confirmation receipt of paypal payment was received with all of the info on it and an invoice before the payment was made...  🙂 hope this helps

[thecatspjs]

You aren't legally obliged to offer him a refund simply because he has changed his mnd about the purchase, i have found this on the uncollected goods fair trading NSW site for goods of this price range.

The trader can only dispose of the goods by public auction and only if:

written notice has been given to the consumer and each other person claiming an interest in the goods of the intention to dispose of the goods;  andthe goods remain uncollected after 6 months of that notice;  anda copy of that notice is published, at least 28 days before the goods are disposed of, in a daily newspaper circulating throughout NSW.

what a rigmarole ....  I'd relist - if I sold the moment I received funds, I would refund him in full the moment I had the funds in my hands.