Buyer wants payment for car before pick up
Answered
Kia Ora, Looking for advice. An offer I made on a car was accepted. The seller agreed (before my offer) they would have no problem holding the car before pick up (about 2 weeks) (I have to fly there as live in different city -I asked a large number of questions of the car but was unable to view in person). The listing offered cash as a payment option, however I selected bank transfer as I thought it would be equivalent but more convenient. We have established that we have the same bank, so the transfer would be instantaneous and they could verify payment before I left with car. I suggested (before making the offer) that I would be open to making a small deposit for holding the car, but this was not acknowledged in his replying and we didn’t come to any sort of agreed arrangement of requiring a deposit before I offered or they accepted my offer. They emailed me after the auction to touch in and give payment information. I replied with my plans to pick up the car (a day in the pre-agreed time period) and stated I would prefer to wait until collection to complete payment, so I can verify the car is as described. In my communication I was clear that I would complete the full agreed price if the car was as described, and if not I would pay reposting fees, as a token of goodwill. They claim that I am required to make payment promptly, rather than at pick up, stating “You have contracted to buy the car sight unseen as per contract law and trademe rules.” They then state, I suppose as some sort of compromise “To show good faith a 10 per cent deposit is the minimum I would expect under these circumstances.” I feel I am not obligated to pay until pick up, as we agreed the holding time before my offer (is only two and a bit weeks anyway), and am within my right to verify the car’s condition to ensure both sides of the contract (if you will) are upheld, for my own protection. I don’t want to be scammed for thousands of dollars, or be sold a significantly misrepresented car. Is this fair, and what would be the best way of resolving this escalation so we can both be confident in the transaction?
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One would have to wonder though why the seller is being so difficult. As a seller I would be happy to get the deal done in the agreeded time frame what ever payment form is offered. To me it shows potential red flag that the car is not as described, or that the seller does not have the right to sell the car (possibly does not own it or the car is on finance and cannot be sold until finance paid off. I would proceed with caution and get a few written and signed receipt of any monies paid and also photo drivers licence and ownership details
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S Community SuperuserKia Ora Jamie,Is your Seller In-Trade or Private?The fact your Seller had payment by cash on the listing and agreed to hold the car for a couple of weeks for you is the contract you both agreed to regardless of your chosen payment method. At this stage the Seller had no clue which payment method you would choose. - As no deposit was requested or agreed with to hold the car for said term during the discussion your Seller can't apply their own rule after accepting your offer. All terms must be up front & clearly agreed to by both parties before the Sale is accepted. Entrapment is not acceptable.However, you did need to ask the Seller pre making your offer that if you wanted to confirm complete payment after viewing said vehicle would they be amicable with that. - Many Sellers are open to this for the very reason the vehicle is sight unseen.Any Renewing/Relisting fees for a failed Trade are negotiable with the company so the Seller only pays once for the Listing & the Contract Law applies only to In-Trade Sellers.Perhaps you can work with the Listing fee you offered to pay if the trade wasn't completed on viewing as the holding deposit on the vehicle. - Definitely obtain all of your Seller's details, phone contact, address, etc. And a Receipt if any money is transferred. - Keep all dialogue through your email conversation as Aftersale this forms part of the contract entered into by both parties. - You do not have to agree to any terms which have come After the offer was accepted. - All the Best!1 -
JamieEdited
Thank you for your replies and advice. Fortunately, with some back and forth, the seller (private -thanks for showing the nuance there S) and I have come to an understanding and they are happy that my booking of flights sufficiently shows my commitment to following through with the purchase as agreed.
My understanding of my commitments was more inline with your comments S, although I now recognise my assumptions with what you have pointed out - I will be more explicit about my expectations with sellers in the future to avoid misunderstandings (lesson learned). To be clear regarding an inspection, I only wanted to do a brief check to ensure that the car matches the claims they have made in the listing and in the reply to my (many) questions, which are (as I understand) part of the contract we formed. Really just to protect me in case something is significantly wrong (e.g. the engine is significantly knocking, chassis rotted away, etc) (which would be counter to replies/claims by the seller).
I definitely had those concerns, as you pointed out Don_, when the seller came on quite strongly. I now believe they were concerned that I would either waste their time not completing the sale or would try to re-negotiate at pick up (both of which are obviously counter to the contract created), but further communication has thankfully de-escalated things.
Thanks again for your advice. I am looking forward to collecting the car (and the road trip that will follow), with hopefully smooth sailing until then.
Best, Jamie
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S Community Superuser
Cheers Jamie,
Thanks for the update,
Yes! All of your questions & the Seller's answers do form part of the contract agreement and your flight tickets are very valid evidence you're on your way to collect.
Well done with your good communication skills there. - All the Best!
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