Who Pays for Roadworthy Certificate Defects? Seller or Buyer

jnathanc on 02/03/2017 - 22:03
Last edited 03/03/2017 - 10:22 by 1 other user

Hey Ozb

We are in the process of buying a car through private seller.

If a RWC Certificate has failed due to an aspect of the car not meeting the requirements, who's responsible for paying for the so call defects?

Seller claims that the tint sheet on the rear window needs to be removed to clear RWC and to do that a professional needs to do so which will cost $190.00

We asked for the price of the vehicle to be dropped to from 19,000 to 18,000 which he agreed to and because of this his saying due to the lower price given - if we can pay for the RWC Defect to be fixed and he'll cover the RWC.

Any opinions or insight?

Thanks!

Automotive

Comments

  • Mad Max on 02/03/2017 - 22:22
    +4

    Remove the tinting yourself.
    30 minutes of work, some metho and some clean rags and you re done.

  • angelkulit025 on 02/03/2017 - 22:25

    As what naxi said, removing a tint is not rocket science, there are a lot of video guides on youtube. Even my dad had put tints on all of our 3 cars just to save ridiculous amount going to the professionals.

  • PVA on 02/03/2017 - 22:28

    $190 would be to replace the tint with new.

  • jnathanc on 02/03/2017 - 22:34

    I told my parents that even I could remove the tint myself.

    It's for a range rover. Unfortunately he lives in the cbd and for the sake of the RWC being completed I can't be bothered traveling all that one to remove the tint.

    I'm just wondering if there's a legality behind who should be the one paying for the defect which came up at RWC inspection which lead to failed test.

  • hazard on 02/03/2017 - 22:37

    I would say the seller of the vehicle should be paying for anything that is required to be fixed in order to pass the RWC inspection.

    • jnathanc on 02/03/2017 - 22:39

      What would your counter be to which he says , can you pay it because I've taken 1k off the RRP asking price…..

      • hazard on 02/03/2017 - 23:14

        I'd tell him it's his deflect and he put it on the car he should fix it. I don't see why he can't take it off himself. If he keeps complaining offer him half.

        • supnigs super skids on 03/03/2017 - 09:07

          Do you ever buy stuff on gumtree and then show up with less money?

        • tomsco on 03/03/2017 - 09:20
          +1

          @supnigs: depending on when the negotiation was done, it may be completely different to rocking up to a gumtree purchase with less money.

          If the OP had already negotiated the discount prior to the road worthy test, than I'd say it's seller's responsibility to rectify (ie. OP would've negotiated $18k for a car with a RWC). In saying that, OP already got $1k, so he just needs to decide whether it's a good deal for $190 more than negotiated or if he'd walk away on principle.

  • garetz on 02/03/2017 - 22:45
    +4

    You asked for the price of the vehicle to be dropped 1k for the issue at hand, he did that, the rest is your responsibility.

    Otherwise why reduce the price by 1k at all ?

  • tomsco on 03/03/2017 - 07:32

    Depends on when you negotiated price.

    If as per the order of your post, I'd say more onus to you, but if the price was negotiated for a road worthy car prior to the tint issue being rectified, I'd put it on the seller.

    Also just depends on if you're willing to walk away.

  • laowiseass on 03/03/2017 - 07:45

    I would ask the rwc tester why the tint won't pass a roadworthy. Is it too dark? or is it damaged and obscuring visibility? Also, is this the back window, or some of the side windows behind the b pillar?

    https://www.vicroads.vic.gov.au/safety-and-road-rules/vehicl…

    This will give information on window tinting (VSI 2)

    • jnathanc on 03/03/2017 - 11:28

      This is apparently the boot window

  • JOCKz on 05/03/2017 - 16:58

    If you didnt negotiate it into the total value, its on the buyer. If you negotiate it into the total value, have them do it before anything is signed or money is exchanged.

  • m0tyrider on 08/03/2017 - 12:58

    I generally negotiate this before handing over any money. There is no right or wrong way to do this, it just depends on what you can mutually agree on.

    That said, I am assuming you negotiated the price with the seller to organise the RWC, so any costs associated with that are on him and his problem unless you spoke about it otherwise prior.

    If i am selling a car with a RWC and it needs something, I pay for it and get it done. Its what was agreed on unless stated otherwise.

  • doctordv8 on 11/03/2017 - 11:26

    The Law is very straight forward on this……The vehicle is NOT Roadworthy yet…as the taint has failed(the rest will most likely follow soon, too).

    They can NOT sell an UN-roadworthy vehicle, so they must by Law rectify this first, pass the 2nd inspection, and then with the correctly filled out papers, the vehicle can now be sold. Agreed price is with a legal Certificate. The fines are horrendous if he is caught….. and you could suffer majorly too.

    30 yrs of doing RWCs and these questions still gets raised often, on how to get around it, who pays etc. Many deals are done, illegal I know, I see and watch it happen, but at the end of the day, I can only inspect the vehicle on the day and within the Law. What two private people do outside my workshop, between there and the Rego dept, is up to them.

    So, on that, if you do a deal with the seller, that last place you want to advertise the fact is online….like here. Because it is illegal. Will you / would you or the seller get caught, I doubt it ….but……..they are watching.

    This would be on the very very minor side of the scales, but you might imagine just what kind of deals are going down and how may people are sucked in to find it is many more $1000s of dollars in the end to fix other things that may be found before the transfer happens. This is why you have the Roadworthy Laws in place - to protect you.

    • tomsco on 14/03/2017 - 15:09

      Unless the vehicle is being sold unregistered, but you have very valid points about the cost to rectify.

      Not worth taking an unregistered car unless it's a amazing deal on a collectible, or you are a mechanic that can fix things.

Login or Join to leave a comment
Login Join