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      [其它] 经验教训:在不知情的情况下买了有loan的车(终于解决了)

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      starlet125x 发表于 2-6-2013 22:23:35
      本帖最后由 starlet125x 于 2013-6-2 23:01 编辑

      According to the Aus consumer law, and the Sale of Goods ACT, you will be very likely to keep the car, as you DID NOT KNOW there is a Balance of loan remain on the car when you make the purchase.
      On top of that (上面注明了这个车has no financial interests recorded against it). you can take legal action for this misrepresentation, and sue for damages. Because this is a breach of a condition in the contract, hence highly likely you will have a positive outcome.
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      沙发
      starlet125x 发表于 2-6-2013 22:37:25
      本帖最后由 starlet125x 于 2013-6-3 02:53 编辑
      grange 发表于 2013-5-21 20:43
      有loan的车子   是不是谁买了谁还? 还是什么情况?如果不查vin最后会发生什么情况呢

      it is a question of fact depends on the court decision. For example, I sold u a stolen car, but you did not know this car was stolen by me, and after a while you sold this car to your friend. In this case the court decision will likely to be you can keep the $$ for the car you sold to your friend, and your friend can keep the car as well.
      Reference: Pacific Motor Auctions PTY LTD v Motor Credits (Hire Finance)Ltd (1965) 112 CLR 192
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      板凳
      starlet125x 发表于 3-6-2013 12:40:56
      grange 发表于 2013-6-3 08:52
      现在的情况是不是卖你车的人不还贷款就得你还?

      due to the seller breached the contract, therefore you can sue for damages(ie. the full remains amount of the  loan, and all the costs involved in this purchase including transportation...etc). The court decision will be based on fairness for both parties, (if they both act in good faith). But seemly the seller failed to do so, and therefore it is unfair for the buyer to repay the loan while buyer keeps the car. IN MY OPINION, i think the outcome would be the seller has the libility to repay the loan while the buyer keeps the car and sue for damages.
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