Bought A Second Hand Car - 100k Service Not Done

Chthonic on 06/02/2019 - 16:19

Title doesn't really describe the situation very well; anyway..

I bought a second hand car a few weeks ago. Before buying, I asked via text if the 100k km service had been completed as it had just over 100k on the clock. They responded with yes it has, I again asked in person as it had a service done at about 96k (all servicing has been completed through the dealership, stamped in the log book etc and I just assumed the last service included the 100k).

Turns out the 100k service has not been completed, it was booked in through the dealership but they cancelled the appt just before selling it to me.

I bought the car at their asking price as they were non neg. I asked them about a week ago to pay for the 100k service as they lied and said it had been done and they just ignored my text. I texted again and it's pretty obvious they're just ignoring me and don't want to pay for the service.

My question: Should they be required to pay for the 100k service? If so, is it worth taking them to small claims court? Or should I just let it go. The service costs around $500.

Automotive Car

Comments

  • John Kimble on 06/02/2019 - 16:23
    +18

    Should they be required to pay for the 100k service? If so, is it worth taking them to small claims court?

    No and no.

  • theHMASfriendship on 06/02/2019 - 16:33
    +21

    Lol.

    "I neglected to check something, can i make someone else pay?"

    • cypher67 on 06/02/2019 - 16:38
      +3

      We are slowly becoming American

    • Never Pay RRP on 07/02/2019 - 12:13
      +2

      That's a bit harsh. The OP mentioned that they checked multiple times (text and verbally) and saw a stamp in the logbook for 96K service, which was misrepresented by the seller as the 100k service.
      It was deceitful on the sellers part.

      • Beanvee on 07/02/2019 - 12:35
        +1

        Should have asked to see the service report. Vehicles are costly, I'll just move onto the next seller if one can't produce a service report.

        • Chthonic on 07/02/2019 - 20:52
          -1

          Did you even read the original post?

          Maybe spend some time actually contributing to this forum as opposed to your useless responses.

          • robbyjones on 07/02/2019 - 20:54

            @Chthonic: Seems like a valid comment to me, I agree completely.

            • Chthonic on 07/02/2019 - 20:56

              @robbyjones: I must be going crazy, read the original post.

              Original owners responded via text stating it was completed. Asked again in person, stated it had been done. Checked the log book, 96k service which they stated was part of the 100k.

              • robbyjones on 07/02/2019 - 20:57

                @Chthonic: You can disagree all you want, you didn't check the log books properly and that's on you. But go ahead, spend a couple of K on small claims court to maybe win $500.

                • Chthonic on 07/02/2019 - 20:59

                  @robbyjones:

                  Should they be required to pay for the 100k service? If so, is it worth taking them to small claims court? Or should I just let it go. The service costs around $500.

                  Hence why I asked if I should let it go. It's hilarious when you ask a valid question based on prior owners lying (i.e. fraud) and you get responses like this. No shit should I have put zero trust in them, thanks for your wisdom.

                  • robbyjones on 07/02/2019 - 21:03
                    +2

                    @Chthonic: Caveat emptor buddy, trust no-one. It sucks that they lied but you bought a second hand car privately and that's the risk you take. Honestly, $500 is not that much, just get the service done and chalk it up to experience. Who needs the drawn out hassle of a bringing a suit that you may no win.

          • Beanvee on 11/02/2019 - 13:22
            +1

            @Chthonic: You're ripping on me for not reading, but it seems like you missed the point of my post completely. He said the log book was stamped, but log books are just pages of stamps and km milestones. The log book never contains the actual report of what was done during the service, that's why you want the service history too.
            If he got a copy of the 96km service report, he would have been able to compare what was done to what should happen in a 100km service.
            I'm not saying it's entirely his fault, the seller was clearly being deceptive and a prick, but service history is the only way you can really verify the car was cared for and should be something you ask for by default. If an owner can't produce a single service report, that's a red flag.

  • dcep on 06/02/2019 - 16:36
    +4

    100k service means jackshit

    mini minie minor major service also means jackshit

    you need to ask specifically … timing belt (if any), water pump, fuel pump, transmission/gearbox fluid, radiator coolants, all have been changed.

    they done engine oil change at 96k and call it 100k service done. problem?

    • mskeggs on 06/02/2019 - 18:38
      +5

      The log book specifies what gets done at each service, so the dealer/mechanic should follow that unless you ask for different.
      As OP didn’t check the log book was completed and stamped, they have a problem.
      The seller was a bit sneaky, but buyer beware.

    • Ryanek on 07/02/2019 - 08:58

      It depends, at 100k some cars need the timing belt replaced.

      • brendanm on 07/02/2019 - 14:15

        Not this one obviously.

  • kolorijo on 06/02/2019 - 16:37

    Let it go https://www.youtube.com/watch?v=moSFlvxnbgk

  • bobbified on 06/02/2019 - 16:38

    Quit complaining and go get it done yourself.

  • cypher67 on 06/02/2019 - 16:39
    +17

    2nd hand buying 101, don't trust anything the seller says and validate everything yourself before buying.

  • GangGang on 06/02/2019 - 16:44

    yeah nah

  • HighAndDry on 06/02/2019 - 16:45
    +2

    Technically since you have it in writing from them that they had done the 100k service, you have an argument. Practically you'd have to spend dollars to (have a chance to) recover pennies. This makes it an even worse proposition:

    stamped in the log book etc and I just assumed the last service included the 100k

    They may well have also assumed that the 96k one was the 100k one. It'd certainly round up that way, unless they were specifically knowledgeable about cars and knew it was a different thing, and furthermore that you could prove that they had this state of mind.

    Let it go. It's a used car with 100k kms on the clock. Get it serviced, and move on.

    • whooah1979 on 06/02/2019 - 16:49
      +2

      the 96k one was the 100k one.

      A second service within 5000km is a waste of money.

      • HighAndDry on 06/02/2019 - 16:50

        Yeah, agreed. Also, I'm pretty sure "100k km service" is an informal term (what would the technical term be? The "5 years / 100k kms major service"?). On second thoughts, OP has even less to stand on than I initially thought.

    • Ade99 on 07/02/2019 - 08:46

      As seen, tested and approved…….

  • Realsteel on 06/02/2019 - 16:46

    The log book generally shows you the nature of the service done (for future reference) which you should have paid closer attention to. What is $500 being charged for?

    Btw, the answer to your question is no.

  • Soothsayer on 06/02/2019 - 16:53
    +3

    You CAN take private sellers to VCAT for misrepresentation if you can prove they lied.

    However in your case, you didn't specifically ask him whether it was the major service including timing belt, etc or just a minor service. The only proof you have is the seller confirming via text that "a" 100k service was done. It's up to you to do your due diligence to ask the seller questions and/or follow up with your own checks. Sorry OP I don't think you have a case - even if you did, it wouldn't be worth the court fees to chase up $500 anyway.

  • Brucet on 06/02/2019 - 17:01

    Remember lot of car dealer are SHIFTY.
    Never ever trust them.

  • elgrande on 06/02/2019 - 17:13
    +2

    I will pay it for you. Just send me your credit card details for me to secure the booking in your name at the dealers (may void warrenty otherwise).

  • poohduck on 06/02/2019 - 17:40
    +1

    I just distrust whatever they say for a service, since I got my first motorbike nearly 40 years ago. I used to take it into get serviced because that was the warranty terms. The first service due at 1,000km, which I considered important - all the gearbox shavings etc from new. I know they didn't do it. I had the sump bolt and oil filter bolts marked. Ever since I have serviced my own vehicles from new. I know they get good oil and a new filter each time. It's cheaper for better quality and it's relatively quick and easy. I know there are good mechanics out there - I've just never bothered to look for them. And then the good mechanic has to work for a good business so that they have the time to not cut corners, and hopefully use reasonable oil and replace the filters. The few warranty interactions I've had with dealerships since then has only strengthened my attitude. Although, there is a local motorcycle dealership who really do the right thing via their mechanics and sales - and I just trust them.

  • BertieBrown on 06/02/2019 - 18:09

    Unfortunately as much as I would think that yes they should pay for the service, it’s going to be very difficult to actually make them do it.

    But, just take the car to your normal mechanic and get it serviced there.

    It’s a hard lesson to learn, so your best bet is to always check the log book, and if necessary also ring the dealer and double check.

    Don’t assume that people are on the level or doing the right thing. It’s an unfortunate reality that people sometimes just suck.

  • fl360 on 06/02/2019 - 20:51

    you only need real service record if the car is still under factory warranty and one day you might want to claim it.

    otherwise do your usual DD before buying the car. get an mechanical inspection, and if there are problems walk away or talk the price down.

    the dealers in Australia generally have poor workmanship and I don't want them to touch my car at all, other than the compulsory oil and filter changes, and brake pads etc when they are needed.

    look at the panel beaters - most of them can't even fit a bumper correctly with all the required clips in place - after an official repair.

  • SnoozeAndLose on 07/02/2019 - 08:53

    What is the selling price and what car?

    • Never Pay RRP on 07/02/2019 - 12:25

      I agree with this, I think it is relevant to know the total price, and even if there was any discount (i.e. was it sold below market value) to determine how hard you should chase.
      But as other commenters have pointed out, there's probably not much you can do other than hassle them and prey on their conscience.
      Since they already lied to you (twice) I'd say you have a very low probability of getting anything out of this

  • pegaxs on 07/02/2019 - 10:46

    Was it on the contract of sale?

    Are we talking major service here or a spin on filter and some oil?

  • SlickMick on 07/02/2019 - 10:48

    tough responses. I agree that OP should have checked the log book, but since they were told (verbally + an SMS - so have proof) that THE 100,000km service had been done I'd be asking where, so you could take to log book in to be stamped. When they can't provide this, then I believe you have a case for fraud.

    This is the 3rd recent case of us victims being told it isn't worth fighting for our rights. $1000 then $750 now $500.
    I don't know whether we have a general small claims court like there is for renter/ landlord disputes, but it would be nice to see a bit of justice.

    • brendanm on 07/02/2019 - 14:18
      -1

      It had a service at 96k. Seller most likely assumed that means the 100k has been done, but we don't know as we don't know when the service before that was done. Op just asked if the "100k service" had been done, eg a service at 100k kms. They didn't ask specifically if X maintanence items have been replaced.

      • SlickMick on 07/02/2019 - 14:58

        Don't know why there was a service at 96k. I suspect intent to defraud - I'd be happy for the evidence to be put before a judge. Yes, it was confirmed twice that THE 100,000km service was done - if so simple matter to get the logbook completed. If not, seems like fraud to me. It isn't hard to determine the items included in THE 100,000km service.

        • brendanm on 07/02/2019 - 17:49
          -3

          Lol don't know why it was done at 96k? Could be it was due by time, could be that the previous service was done at 86k so it was being done after 10k. Could be that they wanted it done before selling? There are a million reasons, and most people wouldn't have a clue whether the 100k is a "major service" (especially as it's not generally a major nowadays). Even op, who was looking for the 100k service to be done, has thought that it has been when he looked at the service book. What hole does the owner have who doesn't have a clue

          But sure, take time out of your life to muck about going to small claims, where you will likely lose, and still have to pay for your service.

          It's up to op to actually read the logbook correctly, or get a copy of the receipt from service if he still isn't satisfied.

          • Chthonic on 07/02/2019 - 20:51
            -2

            @brendanm: Thanks for your input. You've contributed to this discussion just as much as you've contributed to the ozbargain community with your plethora of zero posts.

            • brendanm on 07/02/2019 - 21:17
              -3

              @Chthonic: Angry much? I've given reasons as to why you've been told the 100k service had been done. I've let you know that you shouldn't think you are entitled to have someone else pay for something because you failed to do your due diligence. Lots of entitlement around lately.

              On the topic of posts, I don't tend to buy too many things so haven't had anything to share so far. Not sure what post count has to do with anything, yours is high but most of it is wtb and for sale.

              • Chthonic on 08/02/2019 - 17:30

                @brendanm: Yeah, that response came across as "angry".

                You're useless mate. There's no sense of entitlement. They lied via text/in person (i.e. fraud) which I have proof for. Hence why I asked IF they should be entitled to pay for it or if I should just let it go.

                Useless responses such as yours crapping on about sense of entitlement, failure on my behalf for being trusting is extremely helpful.

                FYI I didn't neg you but it's clear other people don't agree with your shitty logic.

                • brendanm on 08/02/2019 - 18:35

                  @Chthonic: I never said you were trusting. I said you didn't check properly. If you read anything I wrote, you would see that there are reasons as to why they would say that the 100k service was done.

                  At the end of the day, if you are so certain of it, take it to small claims/Xcat. They will more than likely not find in your favour as 96k is close to you, and you didn't ask if transmission fluid/brake fluid etc was replaced, simply if the 100k service was done. While telling you it's your fault may be "unhelpful", hopefully it will get you to do a bit more of a thorough check in future, or simply let it go if you don't. I've bought a lot of cars, and have had some misrepresented by a lot more than $500 for a service, bit I didn't cry about it, I got on with my life, and purchased them for that low a price that it doesnt matter. In fact the vast majority of things I've ever looked at have been lied about in some form.

                  Fyi I didn't neg you, yet you have almost as many begs as me, so obviously others agree with me.

                  Also fyi, I happen to know a bit about cars, if you were to share the make and model and what is required for the 100k service, I could tell you what it should cost you, and whether it actually needs doing.

  • mikekiwimike on 07/02/2019 - 14:10

    My eagle eyes sense you haven’t asked them at all ….. you texted ‘someone’ at the dealer. If it was the salesperson who sold you the vehicle then it’s very likely they don’t give a crap, they are selling the next car to make their commissions…… not a great pattern of behaviour for sure but it’s rewards based behaviour.

    Taking them to court on the basis of two text messages sent is going to be difficult, after all you can not prove they received the texts to begin with.

    Go and visit the dealer, speak face to face with him/her and request that they assist with this service as a part of your purchase.

    • SlickMick on 07/02/2019 - 15:02

      did they buy from a dealer? I must have missed that.

      if so, they must be like Reef City Motors - in which case OP can spend months in front of the dealer but won't get any satisfaction without getting the law onto them.

  • Chthonic on 07/02/2019 - 15:42

    Hi all,

    It was a private sale, not through a dealer.

    Thanks for the replies. Yes, I should have gone into further detail with them, called the dealership etc. They seemed like an honest couple and when they replied via text clearly stating it had been done - as well as stating so in person it seemed like that was the truth. Serves me right for being trusting I guess.

    This wasn't a case of neglect; the 100k service for this car isn't a huge one, I'd say small-medium, at about $500. If they were simply honest and said no I wouldn't have cared and thought they should be responsible for paying for it since they lied multiple times.

    Anyway, after a few more texts they've given me the number of a private mechanic they know to complete the 100k service - so I shall see how that goes.

  • dailynotsomail on 07/02/2019 - 21:21

    caveat emptor

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