Selling my Hilux, your thoughts on inspections
 

Gday guys

I took a deposit for the lux last week,
we signed a contract which stated that they will purchase the vehicle once the revs check, plates and inspection was done and no MAJOR FAULTS were found.
Now he has had the inspection and told me that the mechanic said it would cost $1500 to get up to scratch. Now im unsure of the actual faults, i wont know this until later tonight. But my question is whats a MAJOR FAULT. in my eyes the car is used, and you cant expect it to be brand new. If its tyres are a bit worn, small pin size dent, could do with a service etc is this classified as a MAJOR issue, i thought a MAJOR issue would be a gearbox, engine etc.

Any input would be good guys

Cheers

Nico

depending on how old the car is,

take a read of this as an example for leased cars, its probably similar for what most people would draw the line between major/minor issues...

[url]http://www.customfleet.com.au/common/documents/fair-wear-and-tear-guide.pdf[/url]

how much deposit? does he realise its non refundable ;)

i don't think he has a leg to stand on trying to get you to take the cost of wear & tear maintenece items of the agreed price, you're not a caryard & providing warranty etc

Yeah i agree guys, the car is a 2007 Hilux, Spent 10k alone on wheels, suspension and stereo.The car is in very good nic for its age and type of vehicle. If you have to spend 1500 to get it to where u want then thats fine, I knocked $1k off the asking price before we even signed the contract, he is getting an absolute bargain in my eyes.

$500, if the car was a lemon then id say no worries, but seriously if you want a car with ABSOLUTELY no issues ..... BUY NEW haha

[QUOTE=Strubaru;598879]how much deposit? does he realise its non refundable ;)

i don't think he has a leg to stand on trying to get you to take the cost of wear & tear maintenece items of the agreed price, you're not a caryard & providing warranty etc[/QUOTE]

[IMG]http://www.footballinvective.com/2008/Daryl%20Kerrigan.jpg[/IMG]

Tell him he's dreaming

WHS^^^

Its wear and tear kinda stuff, and the person buying should understand that a USED car will not be perfect with little or no problems at all, it will require a few $$ spent if you want to have sound of mind, as stated, he is dreaming :P

Thanks guys, just what i thought!

Deposit wont be refunded unless something is seriously wrong with the car...

Once again, cheers guys :)

[QUOTE=Brett Allan;598885]WHS^^^

Its wear and tear kinda stuff, and the person buying should understand that a USED car will not be perfect with little or no problems at all, it will require a few $$ spent if you want to have sound of mind, as stated, he is dreaming :P[/QUOTE]

sweet, hopefully he pulls his head out of his arse and realise you're giving him a good deal already, hope it all goes through mate

As above. Keen to hear what he's picked as well.

If its what you would class as wear and tear... Tell him to go eat a bag of dicks.
At the end of the day. Its a 4yr old car that has been driven. It aint going to be perfect.

If the guy is able to drive it to an inspector and back w/o needing a tow truck then any faults aren't really major are they.

[QUOTE=Bob;598965]If the guy is able to drive it to an inspector and back w/o needing a tow truck then any faults aren't really major are they.[/QUOTE]

I agree mate,

The report came back and the inspector ticked all the excellent boxes so i was happy with that.
The bloke came back and said he didn't what the vehicle because the body lift was illegal and the tyres stuck outside the guards due to the offset.
Now in my opinion these things should be well and truly researched before even looking at buying a 4x4 let alone leaving a deposit on one!

Here is what i emailed back

[COLOR="Red"]Hey mate

Maybe you should have done your research before putting the deposit down. I clearly listed all the modifications to the vehicle and you had the opportunity to research this before laying your cash down. You agreed to purchase it on the condition that the vehicle didn’t have any MAJOR mechanical faults. Mechanical meaning engine etc, not suspension.
My insurance has covered me for the wheels, tyres and the lift,
I think you need to really look into what you want to purchase. You looked at a modified vehicle and you had the chance to ask any questions which I would have openly said yes they are illegal. Your dad asked me if I had any dramas from the police with the wheels, I said no but he didn't ask if the vehicle was illegal.



I am very reluctant to hand the deposit back as i have turned back 2 guys already last week who had offered me cash on the spot but because you had put the deposit down I could not accept their offer.



Regards



Nick[/COLOR]

Guy is a douche

Keep his money, and tell him to either buy the car, or fuck off :P

[QUOTE=ImPreSiV;599114]Guy is a douche

Keep his money, and tell him to either buy the car, or fuck off :P[/QUOTE]

hahaha, he wont be getting it back mate, new set of coil overs sounds good :)

After all this you still haven't posted pics?

Sounds like the guy needs to complete the deal and go collect himself some stock wheels and suspension until he moves out of his parents place.

[QUOTE=mARC;599117]After all this you still haven't posted pics?[/QUOTE]

hahaha

Here are some of the truck mate
[IMG]http://i2.photobucket.com/albums/y35/nickwomen/DSC02266.jpg[/IMG]
[IMG]http://i2.photobucket.com/albums/y35/nickwomen/DSC02271.jpg[/IMG]
[IMG]http://i2.photobucket.com/albums/y35/nickwomen/avatar.jpg[/IMG]
[IMG]http://i2.photobucket.com/albums/y35/nickwomen/DSC02067-1.jpg[/IMG]
[IMG]http://i2.photobucket.com/albums/y35/nickwomen/DSC02064-1.jpg[/IMG]
[IMG]http://i2.photobucket.com/albums/y35/nickwomen/DSC02063.jpg[/IMG]

Give him back half the deposit.

Here's the solution that will make everyone (including me happy)

I happen to have the exact same Hilux without a body lift and with sensible rims and tyres, near new 17 x 8" alloys. I'll straight swap the lot, including labour free of charge.

Deal?

[QUOTE=perthzed;599128]Give him back half the deposit.[/QUOTE]

thats not how a deposit works.

[QUOTE=tuna;599251]thats not how a deposit works.[/QUOTE]

HAHAHA i agree,
He cant expect a deposit back because of his STUPIDITY!!! i have insured the truck for the lift and tyres. he is trying to say they are illegal and he doesn't want it anymore, to bad buddy research before you put the cash down and don't make me sign a contract which states:
the revs check cleared
the number plates are changed to DPI plates
and the mechanical check comes back ok i will buy the truck.
Well he will have to try and fight hard to get the deposit back because at the end of the day the guy should have researched the mods, got an inspection then laid the deposit down. As far as i was aware he was happy with the mods and just wanted a mechanical inspection done.

But the suspension is illegal?

[QUOTE=mARC;599315]But the suspension is illegal?[/QUOTE]

mate who's suspension isn't illegal on modified cars these days, 1000's of cars are sold every day with the buyer either knowing or not. Its not my duty of care to tell him that stuff is legal or not. He needs to decide this for him self and the decide whether he buys it or not. You look on our forums or other forums/carsales/autotrader. How many people with slammed cars, modifications or lifted trucks state...THIS VEHICLE IS MODIFIED AND ILLEGAL FOR THE ROAD, IF PULLED OVER YOU WILL GET A YELLOW STICKER. i my self have never seen anything like that in an ad!
It the buyers duty to find this out not my obligation to tell him!

[QUOTE=MANN;599317]It the buyers duty to find this out not my obligation to tell him![/QUOTE]

Isn't this what he did?

[QUOTE=mARC;599321]Isn't this what he did?[/QUOTE]

No, i said its the buyers responsibility to find out what mods are legal or not. I cant be held accountable for his fk up. Buyers do your research and buy at your own risk, no the sellers risk!

not before he handed the money.

it's called buyers remorse, any excuse will do to get his money back.

Wait a minute though 'all things being equal'.

He put a deposit down on a vehicle that it would seem he was genuinely interested in at the time.

As he isn't an expert he utilised the services of an expert to ensure that the vehicle was of merchantable quality 'or in this case street legal'.

I'm not having a go here but all things a side if he decided to take it further I think he'd have a case.

It just depends if the amount of deposit is worth it.

[QUOTE=mARC;599326]Wait a minute though 'all things being equal'.

He put a deposit down on a vehicle that it would seem he was genuinely interested in at the time.

As he isn't an expert he utilised the services of an expert to ensure that the vehicle was of merchantable quality 'or in this case street legal'.

I'm not having a go here but all things a side if he decided to take it further I think he'd have a case.

It just depends if the amount of deposit is worth it.[/QUOTE]

He made me sign a contract, which i agreed to, now if this said the vehicle had to be legal then yerp no worries i wouldn't have signed it, the car is legal in my opinion, its insured as it stands today!
He needed to get the inspection done prior to putting a deposit down. Once the deposit is laid he as agreed that he is happy with the MODIFICATIONS and how the vehicle stands, In our contract is said MECHANICALLY SOUND. the car is in A1 condition nothing wrong with it!

Put Dougie's proposition to him. That'll tell you if his concerns are legit, or if he's just trying to back out of the deal.

[QUOTE=grumpyrex;599331]Put Dougie's proposition to him. That'll tell you if his concerns are legit, or if he's just trying to back out of the deal.[/QUOTE]

I will mate

cheers dougie :D

fuck him, a deposit is to secure the vehicle and stop you selling it to other people bfore he gets the cash. Signing a contract??? why you would do that i dont know, anyhow, if he doesnt want it, he loses his money.. simple. Sounds like a fuckin halfwit to me

[QUOTE=MANN;599340]I will mate

cheers dougie :D[/QUOTE]

No need to tell him the deal. Just say OK, the tyres and bodylift will be rectified at no cost to the buyer and the deal will proceed as agreed prior to the deposit being paid. That way you look like you have done everything possible to make him happy. He cannot reasonably ask for any deposit back in that case. (or he has to admit that he's a time waster and never wanted to proceed anyway, in which case you keep the dosh too);)

hah, ethics

[QUOTE=tuna;599420]hah, ethics[/QUOTE]
Business ethics?

Billy Maddison makes me LOL

[QUOTE=perthzed;599414]I'm not talking legally, I'm talking ethically. The guy put down a deposit on the car on the proviso the car was mechanically sound, which it was. But it is also illegal. And it's a bit ridiculous that the seller said he would have quite happily told the buyer it was illegal, if he'd asked, but he didn't :rolleyes: Bit like forgetting to mention to the bird you just shagged you've got AIDS "well she never asked...."

If it was a case of guy puts down a deposit & gets cold feet for no reason, then sayonara deposit. But this isn't the case here.There's been a certain degree of deception, the seller has failed to disclose critical information to the buyer. And if this was the USA or Canada he'd have broken the law.But we're in Australia so I guess he gets to keep his $500.[/QUOTE]

FYI, you're an idiot.

if you didn't want the cqar perthzed you shouldn't have laid a deposit down :D

A little more to the front...

I think if he really wanted his deposit back he could fight and get it.
It would not be hard to argue that "major mechanical fault" and "the vehicle is not road worthy/illegal" could be seen as the same thing in a small claims case.
I really do think that not telling someone that a vehicle is "not legal for road use" would be a satisfactory out for any offer to purchase.

Having said that it would cost him more than that for the first appointment with a decent lawyer.

I do agree with you on the "I'm not a car yard" attitude though.
If you want warantee's and all that go to a yard.

The fella sounds like he had no idea any way and neither did his old man.
If it was me I would give him his deposit back and send him on his way.

sounds to me like he needs to 'Mann' (ahahaha see what I did there) the fuck up and grow some balls. Clearly he's picked your car out of the bunch of hilux's for sale for the simple reason of how it looks. Dad or Mum has put some doubt in his mind, and now he's trying to back his way out of the deal faster than Ricky Nixon in an ACA interview.

Having recently sold my hilux which was in the same state as this, mint condition, but pushing the boundaries where it comes to legal/illegal with wheels/tyres/suspension, people who are coming to look at it, should know that this is the case. I bought my hilux as it was, with full knowledge that on a bad day, I could be in a bit of strife.