Seller Said Oil Leak Was Fixed but It Has Not

So I bought a car few times back with a valid rwc.

Before buying the car, when I asked the seller about the things that's been fixed recently, seller said there was an oil leak but that was fixed when getting the rwc. I have this written in an email that seller sent me.

I took my car for a service last week and found that the oil leak is in fact hasn't been fixed. It's not dripping oil to the floor but a leak is there somewhere from down the engine.

I asked seller whether she could fix it since she said it's been fixed, but seller refused to do that saying that the car was sold with a valid rwc there's nothing she could do.

While I understand it's my fault for not properly inspecting the car but again I wasn't too worried since she said it was fixed in her email conversation. My question is would I stand a chance legally in this case?

appreciate any helpful comments guys!

EDIT: more info

Leak hasn't been fixed. I know this because i called the garage which did the RWC, they said they cleaned the engine and let it run for 30mins or so and it was not dripping oil, so it passes the RWC (i'm in VIC).

RWC expired just after few days i bought it as it's already been few weeks since the seller took the RWC and I bought the car just few days before the RWC expired.

pics:
https://drive.google.com/file/d/0B2Mf8huXWLqAUjRuNDdxbno2Z3M…
https://drive.google.com/file/d/0B2Mf8huXWLqAazhBdHF1RUFlNE0…

Comments

  • +1

    Don't think there's anything you can do sorry, had the same issue but with a dealer a while back, learn from it and move on I guess

  • +4

    The leak could have just started? Can you prove the leak wasn't fixed? They could have fixed another leak?

    Where is it dripping onto?

    Oil leaks are common on a lot of engines.

    • thanks. pls see my edit.

      • What kind of car is it mate? I am not sure where it is leaking from? It doesn't look to bad overall. Its common for seal to leak my old pulsar (SR20) had a leak from the rocker cover this is a common place for oil to leak from.

        It could be a really cheap fix depending on where the leak is from. It could even be a wrongly fit oil filter or the seals are worn on oil filter.
        If worse comes to worse wash the engine down before going for your pink slip i think its a RWC for yous.

        Just make sure that you keep the oil topped up.

        When i was younger i bought one of my first cars i was a poor apprentice i paid okay money for the car it was 7k back in 2006. All my other cars before this where crap lol. I had a few 1-2k cars. They gave me the run around they where meant to replace the clutch and do a few other things and they just mad the car worse. Clutch felt bad they put the wrong spark plugs in electrical issues car would die at low revs.
        I was told i have no rights because the car is over 10 years old even though i bought from a dealership.
        After this i learn the basics of working on my own car plus i spend 1.5k+ to get the car to run perfect. I then changed my oil every 5000kms and done my fuel filter and spark plugs changed seal my self even installed my own stereo.

        It sucks i know but it isn't to bad of an issue to have a oil leak.

        • Thanks mate. it's a 7th gen celica with about 230K kms. It's not from the rocker cover or from the oil filter coming somewhere in between. I guess i should just move on without worrying too much.

          I know it's such a great feeling when you DIY things on your car. I'm detailing my car these days :D Good thing is mine runs smoothly other than this issue which i should be happy about.

  • Your only luck would come in the form of being able to go after the mechanic that issued the RWC it was still valid and the car was not, in fact, RWC. However, it seems you've missed that window and, besides, proving it with an oil leak would be extremely difficult. FWIW, my friend was in a situation where a RWC was issued and when he sent the car in to fix a known minor issue, they found 4 things that were part of a RWC but not fixed - he called the mechanic and they offered to fix it free of charge, in exchange for my friend not reporting it to the relevant bodies (as this would likely strip them of their license to issue RWCs which are highly profitable).

  • +3

    Ok, questions.
    Date of RWC.
    Date of service.
    Date of purchase.
    Klms since the repair & RWC?
    Is the oil leak the same oil leak?
    Is the RWC no longer valid once it is 'used' for the transfer transaction?
    Did you get the service history & invoices with the vehicle - if not can you now?
    Can you identify the oil leak repair by exact part name and description and repairer?
    Then you may find you can not do anything for many of or only one of the questions/answers/reason asked/given.

    At least you will have much more info to move forward with. I doubt you have a claim unless: there was a poor fault diagnosis/identification of leak and or even shonky activity between repairer and RWC guys or the RWC was in last few days or less than a few K's, and it was stated as repaired, and it obviously has not been. Was it just degreased/washed down? Was the leaking part repaired, but not correctly or completely.

    So many questions, so little time……..

  • would I stand a chance legally in this case?

    Details are super important in situations like this, but based on what you've presented, no you wouldn't stand a chance.

    Buying goods second hand from a private seller is "buyer beware". Plus cars develop new leaks every day, they're wearing machines. It was sold to you with a valid roadworthy certificate in "as is" condition.

    • It was sold to you with a valid roadworthy certificate in "as is" condition.

      does the safety check (nsw) even test for leaks?

      • Yes. If there's a visible oil leak including oil outside the sump they can fail you.

        If it's a leak inside the engine bay and it doesn't drip down they may not see it, they're not going to hoist the thing for a safety check.

        Most people just spray degreaser and give it a quick rinse before the check.

      • They don't 'test' for leaks, but will inspect the engine bay, usually by looking around with a torch.

  • +7

    I thought everybody knew that to fix an oil leak for a roadworthy inspection you just degrease the engine bay the day before.

    (For those that can't read between the lines, you don't fix it, just clean it up)

  • Nulon engine stop leak. As good as fixed…

  • If the leak was fixed by a repair centre/car dealer it should have a receipt and thus a warranty on the work. Try claim the warranty on the leak repair.

  • This is one experience of a new car owner.

    In the course of the last year and a half it has had an oil leak from the camshaft position seal and gasket, an oil leak from the timing chain bearing saddle and camshaft control valve, and twice there has been oil leaks from the adjuster, breather pipe and camshaft position sensor seal.

    Oil is slippery sort of stuff and delights in escaping, from everywhere, especially in older cars.

    The previous owner may have got their oil leak fixed, to pass the RWC, but now the car has developed another somewhere else. It's a bit like playing Whack-A-Mole.

  • Thanks for the replies guys. I have added some more info in the EDIT as well as pics. let me know.

    • Your problem now. Buying second hand privately = buyer beware, no warranty.

    • as above ^^

  • Absolutely nothing you can do to get the seller to fix anything
    Move on

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