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Need Some Legal Recommendations Please

Kane_R32

By Kane_R32,
in New South Wales

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Kane_R32 Experienced

Kane_R32

Posted
Posted

Hey guys not going to go into detail here.

Basically I need to seek legal advice regarding the purchase of a vehicle.

I have no idea who to see or which tyre of legal aid to get.

Can someone recommend a laywer (that the right term for this?) or where i should start looking?

I've browsed good for general solicitors but I'm unsure if they can help me with an automotive issue?

Feel free to reply or pm me. Prefer Sydney location to actually go see the person/company

Kane.

  • 3 months later...
Kane_R32 Experienced

Kane_R32

Posted
  • Author
Posted

Basically swapped my old S14 for a Ute.

Went to trade the ute in to purchase another car from a dealer and they advised me it was encumbered.

Obviously at the time of sale/swap, I was silly enough to not to a revs (though car was swapped from QLD to NSW).

Anyway have been in contact with old owner who has since sold my S14 and claims to be "sorting it out" in terms of his finances..

3 years later and nothing has changed.. have been in talk with the finance company. They basically want what the ute is worth to "release" it..

Pezhead Grand Master

Pezhead

Posted
Posted

That's a real shame. Discuss with a lawer.

The way I understand it is you take ownership of an encumbered vehicle you also take on the debt. You might have to pursue the previous owner personally that will be expensive legal fees for you personally.

Hope you are able to resolve it out of court but if he's already strung you along a few years then it doesn't look too good.

Kane_R32 Experienced

Kane_R32

Posted
  • Author
Posted

That's why I'm posting here. I don't know which type of lawyer to contact. I have contacted the ones on the "Traffic Lawyers" list. But most cannot help as they focus more on Fines/Accident related stuff.

I've read where a person bought a GTHO which turned out to be a fake and they sellers knew. I believe I'm in a similar situation as I was not made aware of the finance, and would not have gone through with the trade if I had knew.

It was weird circumstances, and I know at the end of the day I stuffed up but I basically have a Ute which I cannot sell. I only have limited contact with him through Facebook and at times he doesn't reply.

I've also tried contacting lawyers of the law society but this type of thing I have no idea about.

TREGTR Grand Master

TREGTR

Posted
Posted

Hey guys not going to go into detail here.

Basically I need to seek legal advice regarding the purchase of a vehicle.

I have no idea who to see or which tyre of legal aid to get.

Can someone recommend a laywer (that the right term for this?) or where i should start looking?

I've browsed good for general solicitors but I'm unsure if they can help me with an automotive issue?

Feel free to reply or pm me. Prefer Sydney location to actually go see the person/company

Kane.

In that case, PM TREGTR here on SAU...

Tim might be able to assist! Hope so...

Hi Kane, essentially the conduct of the ute seller is misleading and deceptive conduct (fasle advertising by ommission), which can be legally actioned. Essentially, it is based on the premise that you thought you were getting a particular deal when in fact you were not.

The cheapest and easiest way to action this is to go through state government bodies, otherwise, you will be going backwards on the cost of a solicitor in the short term until the matter is finalised. The best place to start is http://www.fairtrading.nsw.gov.au/ftw/About_us.page?

You can also get in touch with your local community legal centre, who are free. They are very experienced solicitors, who work in firms and donate their time on a pro bono basis to the local legal centres. One that I can recommend is http://www.klc.unsw.edu.au/ . They are very good and attached to a group of 8 university and are arguably one of Australia's best law schools - http://www.go8.edu.au/home

No matter who you get of the above two to action the matter for you. The first step remains the same, namely, the will draft a "letter of demand" and serve it on the ute seller.

This is not legal advice, as I am primarily a corporate and commercial lawyer. It would be uneconomical for me to take on such matters, even if I were permitted by my firm.

Best of luck with the matter.

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