hmm...

Updates guys,

Tosser calls up tonight asking either I give me him half the deposit back or he will sue me. I opt the option of going to the courts to settle this. He believes he has a case to proof saying that he contacted consumer of fair trading saying that I was misleading him to buying the car and he had witness to prove this (his f0cking frens).

Eg he ask me if the breaks are OK I said yeah it feels OK, the break pads seem fine which wasn't the case after the inspection I found out about. How the f*ck would I know the rotors needed to be replace, CV was leaking, control arm is damaged, dent in fuel tank etc... I'm no mechanic its not like I go under the car alot to know these stuff. He should of got the car inspected beforehand to proof me wrong but instead put the deposit down 1st and why didn't his so called friends say anything when I said that about the breaks.

Anyhow will keep you guys updated just needed to get some steam off my head

Guys be careful of this Tosser is name is Ross Scotland or Sutherland

he'll learn to live with it.. dont worry

my bet is his all talk...he will never take it to court, if he loses he just ends up losing more money in court costs which he will.

Then you can counter sue for failure to sell your car because of his case! Well proberly not that one, but he'll lose. If theres a contract that he has signed you can not waiver the contract. Wheather he put the deposit before, after, during, or 9 years ago, it goes by what is said within the documents.

Typically if what you say is correct, hes not going to get very far. Infact, with all the legal fees he proberly could of bought your car and repaired with.

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Honda Hannspree Edition CBR 600 RR - SOLD
Yamaha FZ1N - Purchased

How much deposit did he put down??

Actually, yeah, how much of a deposit was put down. It seems like it was a lot as he is fighting pretty hard to get it back.

If he goes to court for it, wouldn't you have a chance of counter suing for potential lost sale price (i.e. 2 months depreciation for holding the car etc)? Seems silly to sue over a small matter.

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[COLOR="Gray"]550Nm off a 2L... Just wish it was in the dak dak...[/COLOR]

There seem to be a couple of courses of action for you in order to call his bluff.

OK, so he didn't put any conditions on the deposit, but given that there were a few "unseen" things found, it would not be that inappropriate to offer to fix them....but, scrape on wheels, crack in spoiler, dent in fuel tank...these mean nothing and should have been picked up by him anyway, so forget about those.
With the others (apart from the heater not working which may be a simple fix), I think you could get them fixed for well under $1000 at a reputable workshop...for example try MMS or RMS.
So offer to rectify those faults and go through with the sale at the agreed price...or...offer to reduce the price by less than $1000 if he takes it as is.

The bottom line is he agreed to buy the car and paid a deposit after which you took it off the market, so not to go through with the sale will disadvantage you. If he really wants to buy it he should agree to a deal to rectify the mechanical issues. If he's merely changed his mind, then you are entitled to keep the fulll deposit (given that you have offered to repair the mechanical things). In all honesty, put yourself in his position (assuming he still wants the car and put the deposit in good faith)...you wouldn't be happy if mechanical issues were found and the seller said "bugger off mate, I'm keeping your deposit"...

So what you need to do is give a little ground and sell the car, rather than go back to square one. Whether this situation is morally right or wrong is really irrelevant at the end of the day...sometimes it's better to be practical.
But if you offer a deal and he still refuses then you shouldn't feel bad about keeping the deposit.

Amen Sister!

good advice... if you offer to repair or reduce the price to include repair costs, he has no leg to stand on and has just changed his mind...

then you have done all you can...