Car Dealer with LMCT Sold Me Car with Still Money Owning on It!

Ljattdit on 27/09/2022 - 12:03

I bought a car three months ago for my short term employment in Regional Victoria, I went to buy a 2007 car from a local dealer as I wanted no dramas. Now I'm moving back so I listed the car for private sale, the guy liked the car and everything. He did a PPSR search and it have money owning on it!!!

I didn't changed my permanent address as it was short term and I just called my cousin who lived at my permanent address, he told me someone came to look for the owner of car a while back.(Must be the car re-possession).

I have called the Dealer and he is making some queries about the car, what are my options here? I'm leaving the town on Friday and I can't drive this car back or have anywhere to store it.

Automotive

Comments

  • Typical16-bitEnjoyer on 27/09/2022 - 12:33
    +13

    TINLA

    1 - Find a secure carpark somewhere pronto ie. Wilsons Parking, until all sorted out (so it doesn't get repo'd)
    2 - In VIC the LMCT must provide clear title. Tell the LMCT they have 24 hours to resolve the secured interest or you'll make a complaint to Consumer Affairs
    3 - Even if they resolve it immediately, report them to CA anyways. $18k fine and/or 12 months jail for principal.

    • happydude on 27/09/2022 - 12:39
      +1

      Consumer law applies here too.

      s 53 - Guarantee as to undisclosed securities

    • jattdit on 27/09/2022 - 13:18
      -2

      Thanks mate, I should try get refund for what I bought? As obviously the sale isn’t going forward and getting a PPSR clearance will take 1-2 weeks( I have experienced that in past) after paying off loan.

      • 87percent on 27/09/2022 - 13:42

        Don’t know if you’ll be able to get a refund

      • Tee Rex Arms on 27/09/2022 - 13:46
        +1

        Refund?! Please

      • Euphemistic on 27/09/2022 - 14:04

        Maybe try to get them to buy it back, less a little for usage for 3 months.

        • fantombloo on 27/09/2022 - 21:51
          +2

          $18k fine and/or 12 months jail for principal

          Great leverage to get the full amount back. OP deserves it for being mucked around.

  • dogboy on 27/09/2022 - 14:23
    +5

    Used car salesman being dodgy as hell? Say it isn't so!

    • Ryanek on 27/09/2022 - 14:46
      +2

      A tale as old as time

    • Porker on 27/09/2022 - 16:36
      +2

      When I was younger and went looking for a second-hand car from a yard, I'm standing next to a car and salesman says to me:

      "You know where this car would look good? In your driveway"

      I asked questions about the safety features, and his response "It doesn't matter because when it's your time to go, then it's your time to go safety or not"

  • pharkurnell on 27/09/2022 - 14:56
    -5

    Buyer beware? You didnt do your own PPSR dealer or no dealer ???

    dealer making enquiries - on how he can get out of it…how could he have not known… he has no interest in your well being…

  • jattdit on 27/09/2022 - 15:09
    +3

    Well I called MACQUARIE BANK about the Loan and they said the account was closed in 2020 but forgot to send PPSR new information, they have sent it now and PPSR will remove it in 1-3 business days. I trusted dealer because he got great reviews, 2-3 locals suggested to buy from him, He got like 50 cars in yard and been in business from 15 years. I didn't checked with PPSR because I thought:

    1) Wouldn't screw someone over 6k car when he have 50 cars on sale and some over 50k.

    2) It's illegal to sell without a clear title, big risk and no one in right mind will do that. Specially for such reputed business.

    Lesson learned, always check regardless. Thanks for your suggestions.

    • JDMcarfan on 27/09/2022 - 15:53
      +2

      you could always try and call up dealer.
      state that you willing to contact consumer affairs as they failed to take care of basic due diligence and that you now cannot sell car privately for a minimum of 2 weeks.
      tell them that you are looking to sell the car and that now a sale has fallen through due to their mismanagement. (send link to ad)
      tell them you are also aware that is 100% illegal for a LMCT to sell a car with finance reported owing
      propose that they either 1. buy back at your purchase price (quite unlikely given you've used car and consumed some portion of rego period) or 2. buy back at the listed price for your ad (don't mention whatever negotiated price you may have come to) for you not reporting their misconduct (and that you are also aware of the 18k in penalties attached). Give them a short period of time to respond (24-48 hours) with acceptance or you are contacting CA.
      If they accept, drive the car to the dealer directly and collect cash/cheque and walk away.
      Keep all evidence and correspondence. Try maintain all conversation to written formats.

      Is this kinda shady, sure but they have also screwed OP over and inconvenienced him significantly. They're only fortunate that the car hasn't yet been repo'ed.

  • vince088 on 27/09/2022 - 19:59

    subscribing, interested to know outcome

  • jattdit on 28/09/2022 - 00:40
    +1

    PPSR is cleared now, all sorted. Bank never cleared the loan on their end to inform PPSR.

    • Euphemistic on 28/09/2022 - 07:05
      +2

      Maybe the caryard paid out the loan directly so knew it wasn’t encumbered but they just didn’t check the PPSR was cleared properly.

      • Typical16-bitEnjoyer on 28/09/2022 - 08:22

        Yeah this will be what happened. It won't have come from an auction with PPSR. It was traded in somewhere, paid off and dealer/related entity didn't remove the registration.

        Glad to hear it's sorted OP. Hopefully you didn't lose that interested buyer.

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