On Nov 19 2009 I sold my car by private sale to a friend of a friend. The price agreed was $2100 (originally asked $2600). I was wanting to get things tied up before leaving the country on Nov 20 (I got made redundant and visa ran out) and she was saying how she wasn't sure she could afford it, and I said it was up to her but anyway somehow I stupidly agreed that she could pay half the money straight away and the other half on Dec 19. So she kept the car, and promised me the $1050 remainder on Dec 19 2009.
The car was sold as seen, I answered all the questions she had, and also gave her a file which I'd kept all the paperwork of work done to the car under my ownership - new brakes, steering column etc and other repairs. I'd had the car for 2 years and had't had any problems.
I don't have anything signed (silly me) but I do have a verbal agreement of her promising to pay the remainder of the money, along with a print out of a bank transaction where she states '1/2 of sale of car'
25 days later after the sale of the car, she emails me to say that she took the car to a mechanic and found a leak in the roof and the wipers not working etc. She is now refusing to pay me the full amount owed, stating that she would never have bought the car had she known about these problems! She didn't get it checked by a mechanic previously to the sale, and I didn't know the roof leaked.
I replied saying that the price had been agreed and is none negotiable, and to pay what she owes.
We agreed $2100, she is refusing to pay more than $1700 - an amount I would never have accepted for the car. I had other people who were interested too. Should I demand she pays or give the car back?
I would like advice on what I should do. I'm thinking perhaps the small claims court? I can't really afford a lawyer, but its the principle more than anything.
Advice is appreciated!
The car was sold as seen, I answered all the questions she had, and also gave her a file which I'd kept all the paperwork of work done to the car under my ownership - new brakes, steering column etc and other repairs. I'd had the car for 2 years and had't had any problems.
I don't have anything signed (silly me) but I do have a verbal agreement of her promising to pay the remainder of the money, along with a print out of a bank transaction where she states '1/2 of sale of car'
25 days later after the sale of the car, she emails me to say that she took the car to a mechanic and found a leak in the roof and the wipers not working etc. She is now refusing to pay me the full amount owed, stating that she would never have bought the car had she known about these problems! She didn't get it checked by a mechanic previously to the sale, and I didn't know the roof leaked.
I replied saying that the price had been agreed and is none negotiable, and to pay what she owes.
We agreed $2100, she is refusing to pay more than $1700 - an amount I would never have accepted for the car. I had other people who were interested too. Should I demand she pays or give the car back?
I would like advice on what I should do. I'm thinking perhaps the small claims court? I can't really afford a lawyer, but its the principle more than anything.
Advice is appreciated!
