Friend Bought a Car. but Is This FRAUD? Seller Gone Overseas!

Julian King on 11/10/2018 - 00:43

Hi Team,

Quick background facts:

  1. My friend bought a car from a gumtree seller (QLD), therefore a private sale.

  2. The car is $8000 and is 11 years old, with 120,000km on the clock.

  3. The car was bought last Friday and the transfer of registration took place on this same date.

  4. Before the purchase, my friend received a Road Worthy Certificate (QLD) from the seller which noted that the vehicle is 100% sound and clear of any defects.

  5. After 3 days, my friend went to check the vehicle at her local mechanic's, and was informed that there is a major leakage of engine oil and that road worthy should not have been issued if this was the case (at the time when the first RWC was issued)

  6. My friend went to complain this to the mechanic who issued the first RWC, but he told her that the "RWC is no longer valid because the car was driven for more than 2,000km since the RWC was issued".

Question is… what can my friend do?

The seller's friend claims that her friend is now overseas.

This is quite sad because my friend only came to Australia 2 years ago with the hope of becoming a professional golf teacher, and this is her first car. She was extremely excited to buy this first car overseas, and is now deeply saddened by this mishap.

Can you please share your opinion?

PLEASE NOTE WE WONT TAKE YOUR ADVICE/COMMENTS AS LEGITIMATE LEGAL ADVICE SO PLEASE feel free to share. Disclaimer !

Automotive

Comments

  • Some Human on 11/10/2018 - 00:56
    +3

    The seller's friend claims that her friend is now overseas.

    Probably gone back to Nigeria

    • AdosHouse on 11/10/2018 - 00:58
      +1

      Little green is probably right.

    • HighAndDry on 11/10/2018 - 10:27

      Honestly the seller was probably just selling quickly because they were going overseas. This is basically 100% on OP's friend for not getting a "$8000 and is 11 years old, with 120,000km" used car inspected before buying. A RWC is a legal requirement, it's not a buying guide.

  • AdosHouse on 11/10/2018 - 00:56
    +8

    Sorry OP, but most everyone knows that dodgy RWC are a dime-a-dozen, that's why it is recommended to get your own inspection BEFORE buying the car.

    And going after the seller will yeild nothing. Unless you have a contract clause that the seller is not aware of any problems with the car.

    What sort of car are we talking here?

    Give them a call tomorrow, https://www.tmr.qld.gov.au/About-us/Contact-us/Compliments-a… , they will provide you with answers/options.

    • Flanders on 11/10/2018 - 03:43

      Yes, the basic 'roadworthy' is nothing to go by. The new rego roadworthy, (blue slip in NSW) is certainly much more strict on what they have to check.
      1 way to get around a leak, is that if it leaks during inspection it is a fail, if it doesn't leak during inspection, it can be passed.
      I had slight transmission leak years ago which I couldn't afford to have fixed. Just drained fluid, took in for inspection, no leak during inspection so its fine. Was not getting inspection to scam or trick any buyer, just so that I could get RW and continue driving it myself.

      • Oz8argain on 11/10/2018 - 09:13

        Just drained fluid, took in for inspection

        Did you push the car in for RWC? LOL

        • Flanders on 11/10/2018 - 23:45

          Lol. No but it was like 500 mettres drive from my home, to mechanic. And was a 90's toyota celica. Most durable cars ever made mechanically. 5sfe engine I think it is. Had 3 of them, treated em bad and they just keep going and going.

    • Baysew on 11/10/2018 - 10:22

      What sort of car are we talking here?

      A VW Golf, obviously.

  • Cheeper on 11/10/2018 - 01:17
    +2

    "She was extremely excited to buy this first car overseas, and is now deeply saddened by this mishap."
    Could have happened in her home country as well. Blindly buying a used car is always a massive risk.
    It is not something that you do with your fingers crossed. Learn the lesson.
    Who knows.. it is 11 years old and may have more little expensive repairs waiting for her.
    How serious is the oil leak? Is it a major or easy & cheap repair??
    Get it repaired and move on.
    I cannot see the fraud factor in this but the foolish side is obvious.

  • Flanders on 11/10/2018 - 03:49

    Inspection can always miss things, even a 'thorough paid inspection' can miss things. From my limited understanding of mechanics etc, I understand that they cannot conceivably inspect everything, without hours of checking. Probably not worth it, but 1 of my brothers did this type of thorough inspection for his daughter's first vehicle, spent hours and hours inspecting everything. He also took 1 of his own cars completely apart and put it all back together, years ago as a thorough inspection and service. Wouldn't like to be paying hourly rates of mechanic to do such an inspection though :/ probably cost you thousands.
    Only non-risk option on used car is if you buy a used vehicle that is still covered by the warranty it came with from new. Otherwise it is quite risky to buy used cars. It is a risk/reward consideration though, you get it for better price, but have that risk.

  • Melb69 on 11/10/2018 - 04:58

    You can stop after about the 2 point. Rule 1.Do your research. 2.Check service history of car. 3.Get your own mechanical check and body condition check.Buying a car especially from gumtree is risky without doing many checks. Then given its a old used car you also need to give yourself a budget for any likely upfront repairs even if you do all your checks. Cars are bottomless pits to throw money at.

  • whooah1979 on 11/10/2018 - 05:32
    -1

    Give the vehicle a good detailing. Get a rwc and sell it. The alternative is to sell it for parts.

  • Nugs on 11/10/2018 - 06:30
    +2

    "my friend only came to Australia 2 years ago with the hope of becoming a professional golf teacher"

    wow

    .

    • [Deactivated] on 11/10/2018 - 22:56

      Could be a hottie.

  • Euphemistic on 11/10/2018 - 08:15
    +2

    I thought everybody new that the first thing you do before taking a car in for a roadworthy is to degrease the engine bay. Voila, no leaks.

    Point 5: the oil leak may not be bad at all and the new mechanic is trying to scam this new Aussie into expensive repairs that aren’t necessary.

    Point 6: of course the originl mechanic is going to deny doing anything dodgy.

  • Randxyz123 on 11/10/2018 - 08:18

    Question is… what can my friend do?

    I’m sorry to hear about your friend but there are faults on both sides here. She should have had a independent mechanical inspection before handing over the money.

    Used cars are sold “as is”

    After 3 days, my friend went to check the vehicle at her local mechanic's,

    What prompted this ? Why did she go after 3 days of owning the car ?

    major leakage of engine oil and that road worthy should not have been issued if this was the case (at the time when the first RWC was issued)

    Can it be fixed ? What is the cost ?

    What sort of car ??

    This happens in every country. Your friend is best to get the issues sorted and sell the car ASAP!

  • CyberMurning on 11/10/2018 - 08:47
    +6

    im interested on "becoming a professional golf teacher" story more than scams

  • Oz8argain on 11/10/2018 - 09:16
    +2

    If the buyer did enough research on the private purchase process, then they would have known to get another mechanic to check it before purchase, regardless of RWC.

    Now all you can do is fix it yourself. and no, it's not fraud.

    • plmko on 11/10/2018 - 09:44

      Correct

  • HighAndDry on 11/10/2018 - 10:24

    Question is… what can my friend do?

    Get any other used car she buys inspected before she buys it? I don't even see the seller doing anything wrong here - your friend didn't check the validity of the RWC.

  • Allan on 11/10/2018 - 11:23

    Dang dodgy people. Everyone makes mistakes.

    See how much it is to fix the oil leak. If everything else about the car is good could be a cheaper option.

    Otherwise would sell the car at a loss and look for a more reliable car following other posters advice about doing inspection yourself prior to purchase

  • m0tyrider on 11/10/2018 - 12:29
    +1

    I believe there is a KM limit and a day limit on a RWC before it expires so to speak. Makes sense to me…the odds of a severe oil leak happening in 2000 km is unlikely though.

    Sounds a bit fishy, but it is what it is, private sales, buyer beware.

    Don't believe any laws were broken, more of a moral issue then a lawful one.

  • [Deactivated] on 11/10/2018 - 13:07

    Private sales are as is.

  • mini2 on 11/10/2018 - 13:24

    How is that fraud? Your friend didn't check it out properly prior to payment or understand the whole RWC thing.

  • justaperson on 11/10/2018 - 16:38
    +1

    RWC doesn't mean its free from defects unfortunately. Basically all it means is what was inspected was correct to requirements for road use at the time of inspection, there's a very real likelihood that the engine was degreased before RWC inspection. The only recourse you have is with the seller, but it sounds like they've done a runner.

  • Strahany on 12/10/2018 - 09:15

    The only thing you could do is to contact the mechanic again, and offer them one more opportunity to fix the issue before reporting them for the incorrect RWC. If they don't budge, mention that you have had another mechanic look at it, and ask said mechanic for something in writing that stipulates this leak could not have arisen over the past 2000kms (or however long has been travelled since purchase).

    Ultimately, if they don't want to co-operate, then your only option is to report them to the relevant body and hope that they have their RWC accreditation revoked. RWC's are a significant source of easy money for mechanics, so usually the threat of losing the ability to perform them has some weight to it.

  • esty on 12/10/2018 - 09:23

    Immoral but no fraud.

  • Randxyz123 on 12/10/2018 - 10:51

    No response from OP. Not surprised lol

  • DazMon on 12/10/2018 - 17:47

    Some of the replies on here do not sound right at all,
    in Vic anyway,
    I bought a used car, my own inspection, came with RWC,
    probably 3 days later I took it to my mechanic for other
    things, he picked up on many things that should not have
    passed RWC and said I could EASILY get them all fixed/replaced
    by the original mechanic. That RWC was binding.
    Mechanics who have those RWC licences value them and can be investigated.
    Never heard of 2000km limit before.

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