Buyer Claiming Car Battery Is Dead After Test Driving It & Paying

CVonC on 09/02/2021 - 01:04
Last edited 09/02/2021 - 01:06

Gonna try to keep this concise.

Housemate sold a 2001 Civic on Sunday via FB Marketplace. It was just fully serviced the week before with a new fuel filter and battery. Buyer test drove it, decided to commit and gave $2100 in cash. NSW transfer of rego papers were apparently signed. Buyer left the car at our address (on the street) as he had to drive home in his car (about 50 mins away). He came back today to pick it up, neither of us were home.

Buyer is now saying that the worker who he bought the car for, is claiming that the battery is dead, the car won't start and all the warning lights are blinking. He is wanting housemate to pay $150 for a new battery otherwise he will give the car back.

I thought housemate didn't have to worry about anything since they signed the paperwork. But it turns out that the housemate did not sign the Part B section (for the buyer to take to the Service NSW). Part B only has sale date, sale price, buyer's name and buyer's signature. Mandatory parts such as buyer's licence number, seller's signature and date were not filled out. Part A (for seller to lodge) is completely filled out with sale date, price, buyer's name, buyer's licence number, buyer's date of birth, buyer's address (it was his shop's legit address but spelt a word wrong and didn't put post code in), seller's name, seller's signature and date.

Part A has not been lodged yet to Service NSW because have to do it over the counter (can't do it online because housemate does not have a NSW driver's licence nor Photo Card). Was planning to do it first thing Tuesday morning. However, the fact that housemate has not signed Part B is quite worrying.

One final thing, housemate checked FB profile of buyer and found out after the fact that buyer "sold" the exact same car bar 1 year newer back in sep 2019. My hunch is buyer is scamming housemate and swapping parts out.

Yes yes housemate has royally screwed up here so please try to keep the flames to the mininum.

It seems like the only thing that is on housemate's side is the fact that they have buyer's money. However, buyer has our address. But we do have his shop's address (bikies kgo?). Not sure what Service NSW will say given the fact that housemate did not sign Part B. I doubt housemate will have much luck with the lodgement to be honest.

Automotive

Comments

  • Simoneee on 09/02/2021 - 01:39

    You could always sell it to somebody else

    • CVonC on 09/02/2021 - 02:01
      +5

      Didn't neg you but won't take the car back unless we're sure the parts weren't swapped out and what not. Will need the mechanic who did the service to come take a look though.

  • FlipCrank on 09/02/2021 - 01:46
    +6

    Assuming you can't dust your hands of the situation without the buyer's signature, $150 doesn't seem like too much for a colossal blunder.

    • CVonC on 09/02/2021 - 01:59

      Buyer's signature is on Part B, seller's signature isn't. So in any case, they would have to meet up again for housemate to sign. But you do have a point, assuming the buyer is actually telling the truth.

    • Chandler on 09/02/2021 - 10:38
      +1

      150 doesn't seem like too much for a colossal blunder.

      That's assuming the buyer hasn't gutted the car for parts.

  • Cave Fire on 09/02/2021 - 01:52
    +1

    Was the battery put in yourself? If it was at a shop, you might be able to get more details for it, maybe even a serial. You can also check them for free at supercheap etc. This may be a way of confirming that the battery is not an issue. Could also be a fault or something simple like the terminals not being tight enough/corroded. The last one that drained my car was after heavy rain, water got in between the poles, causing discharge.

    • CVonC on 09/02/2021 - 01:56

      No it was taken to a licenced mechanic that's a family friend. The car was perfectly working the entire week before the sale (we've had some rain in Sydney). We are contacting the mechanic if they took pics. Unlikely though. But I'm sure he'd be able to tell if things were tampered with or swapped and what not.

  • Nalar on 09/02/2021 - 02:36
    +1

    If I understand this correctly, the buyer can't register the car as their own without your friend signing the form that the buyer has to lodge? Sounds like your friend holds all the cards.

    • pegaxs on 09/02/2021 - 07:24

      Incorrect. You do not need the rego papers signed, but in lieu of that, you will need some other proof, like a receipt with all the details on it and you will need to fill out another transfer of registration form at the RMS, but it can be done without the rego papers.

      If OP's "friend" has the other drivers details, all they need to do is give this to the RMS as the new owner of the vehicle. This also doesn't need the original rego papers.

  • Meho2026 on 09/02/2021 - 02:39
    +10

    Battery will have a guarantee.
    Send the buyer to the mechanic

    • JimmyF on 09/02/2021 - 09:10
      +1

      This… If it just had a 'new' battery installed, then it could be faulty. So warranty claim time.

  • Miami Mall Alien on 09/02/2021 - 02:47
    +1

    I'm more amazed at the fact that your housemate managed to sell a 19-year old Civic for $2100 dollars. There are a lot newer and a lot nicer cars that would barely fetch a couple grand more than that in 2021.

    Was it heavily modified or low kilometres or something?

    • dcep on 09/02/2021 - 02:51

      type-R vtec yo!

      • Miami Mall Alien on 09/02/2021 - 02:55

        Fully sick brah; was it fully thrashed too?

        • dcep on 09/02/2021 - 02:56

          yes! over 9000!!!!

    • bazingaa on 09/02/2021 - 09:16

      there is an increase in used car prices due to pandemic.

    • CVonC on 09/02/2021 - 09:24

      You wouldn't believe how many messages my housemate was spammed with! It's a pretty run down civic tbh. Body is in bad condition. But it only had 165k on it.

  • Donaldhump on 09/02/2021 - 05:32

    Won’t the battery have a date on it, or be a specific makelikely different from the one “swapped” out. Take the car back to the mechanic to verify, or do so via a photo,

  • pegaxs on 09/02/2021 - 07:19
    +17

    Signed the papers and got the cash? Not your problem. File for rego transfer as soon and you can so you don't start getting traffic infringements and parking tickets.

    They test drove it and were happy with the condition. It's not your fault that them leaving it there caused the battery to go flat.

    They can bring it back all they like, but if they have paid for it and signed the papers, you are not obligated to refund them or fix it. Private sales are not subject to ACL or warranty.

  • Euphemistic on 09/02/2021 - 07:52
    +4

    The buyer bought it for a worker? What kind of tight wad boss buys a 20yo $2k car for a worker?

    If you want to engage (don’t if you can) make sure the battery in question matches the battery the mechanic installed. If it is the same battery and is truly flat it will either recharge and be fine, or be replaceable under the warranty. Likely the buyer has swapped a dud battery in and is trying it on.

  • Caped Baldy on 09/02/2021 - 07:56
    +1

    Nah, cut contact. The car has been sold and it is the buyer's responsibility to do their checks.

    Caveat emptor.

    • thatonethere on 09/02/2021 - 08:12

      Yeah all good. Just hand in the slip (keep a copy).

      • Caped Baldy on 09/02/2021 - 08:15

        I didn't read the whole thing. They didn't complete the form properly and OP's friend doesn't have a licence so couldn't complete the form online.

  • rubb3rchick3n on 09/02/2021 - 08:12

    So is the car still out front of your place? Or did it work for a period of time for them to get it home?

    Sounds Sus, but $150 is hardly worth the effort for them to be scamming you, probably something genuinely wrong. I would direct them to the mechanic & provide them proof of service

    • CVonC on 09/02/2021 - 09:05

      He picked it up and drove it home yesterday.

      $150 is hardly worth the effort for them to be scamming you

      You'd think so. But he did say that his worker claimed all the lights were flashing on the dash. He said the car was with his worker last night. He also was threatening to return the car. He said he would check the car with his mechanic today.

      • pegaxs on 09/02/2021 - 09:42

        He picked it up and drove it home yesterday.

        Then it is definitely not your "friend's" problem.

        Money received, transfer done, last thing is to "block number" and you're all done.

  • lordsnipe on 09/02/2021 - 08:27
    +7

    New battery warranty, give them the receipt for the battery so they can claim it.

    • MS Paint on 09/02/2021 - 08:50

      This ^^^^

  • AndyC1 on 09/02/2021 - 08:57
    +1

    Private sale therefore no warranty. They were able to drive it away, so the battery was working when the took the car from the street.

    Batteries die.

  • CVonC on 09/02/2021 - 08:58
    +6

    Update:

    Transfer of rego has just been lodged at Service NSW. Lady said buyer doesn't need housemate's signature now as he can do it online and they'll send letters if he doesn't actually register it.

    • Seraphin7 on 09/02/2021 - 09:37
      +5

      Well, there you go. It's off the housemate's hands. Send the buyer a copy of the battery receipt and refer them to the mechanic in question.

      Case closed.

      If the housemate thinks $150 will stop the grief and ear ache, that could be considered, but you don't want old mate turning up every other week with another "problem".

      • CVonC on 09/02/2021 - 09:41
        +4

        If the housemate thinks $150 will stop the grief and ear ache, that could be considered, but you don't want old mate turning up every other week with another "problem"

        Yeah that's the thing, personally I wouldn't even consider giving them back $150 as that might give them the idea that they can keep coming back. I have told housemate that the mechanic should have given them the receipt for new battery

  • bazingaa on 09/02/2021 - 09:22
    +1

    the battery is dead, the car won't start and all the warning lights are blinking.

    1. Did you left headlights or other electrical equipment switched on ? it will deplate the battery.

    2. What is the "blinking warning light" ? Battery warning light ?

    3. You can get battery recharged.

    4. Check the battery serial number with the warrenty card and if it is same claim the warrenty.

    can't do it online because housemate does not have a NSW driver's licence

    how did he drive then ? international license ?

    • CVonC on 09/02/2021 - 09:26

      Did you left headlights or other electrical equipment switched on ? it will deplate the battery.

      The buyer drove it away yesterday! So it would've been either him or his worker that depleted the battery in whatever way.

      how did he drive then ? international license ?

      Housemate is student visa with international licence yes.

  • cynicalmike on 09/02/2021 - 09:35
    +2

    can't believe op, as an ozbargainer, doesn't have a GOOLOO Upgraded 2000A Peak SuperSafe Car Jump Starter

    should be a mandatory requirement for ozbargain membership.

    • CVonC on 09/02/2021 - 09:44

      Well I drive a manual

      • Euphemistic on 09/02/2021 - 14:14
        -2

        Yes, but do you drive it well?

        • CVonC on 09/02/2021 - 14:27

          Well enough to easily clutch start

          • bazingaa on 09/02/2021 - 16:30

            @CVonC: lol, that's how I used to start my dad's CE96 corolla back then.

  • ESEMCE on 09/02/2021 - 09:38

    Batteries die overnight all the time.
    This is not the sellers problem.

    The paperwork on the other hand….

    • CVonC on 09/02/2021 - 09:46
      +1

      The paperwork on the other hand….

      Yep I couldn't believe housemate didn't check or read the paperwork. First time car seller and yeah international student. Thankfully, it's lodged now and out of their hands!

  • Quantumcat on 09/02/2021 - 09:45

    Just give them the receipt for the battery and mechanics contact details. They can sort it out themselves

  • pharkurnell on 09/02/2021 - 10:23

    Yes yes housemate has royally screwed up here

    Lessons in life.

  • dirtybigbjelke on 09/02/2021 - 12:01

    Tell them to pound sand. Private Sale = No Warranties once the cash has changed hands.

  • jv on 09/02/2021 - 12:03

    It was just fully serviced the week before with a new fuel filter and battery.

    Shouldn't have any problem them replacing it under warranty…

    • md333 on 09/02/2021 - 12:33
      +1

      Unless the battery was replaced the week before because the charging system was stuffed.

  • Drakesy on 09/02/2021 - 12:43

    warranty the battery?

  • wannagrababargain on 09/02/2021 - 13:30

    Rego transfer is not ownership transfer. Your housemate should have also drawn up a Bill of Sale that confirms the transfer of property "as-is" for $2100…or at least written a receipt on a piece of paper or SMS for the receipt of $2100 of cash in exchange for the car. Failing existence of any of that you fall back on the 'verbal contract' which is still pretty cut and dry. A price was agreed and the transfer took place. As far as batteries go, they could have done anything to cause the battery to go flat or electrics to go haywire…once they are take ownership of the car (by handing over the cash) it's not your housemates problem. Your housemate should tell them to go jump and tell them to sue him if they think they have a case!

    PS. The onus is on the new operator (buyer) to submit the transfer of registration (part B) and ensuring that it's complete and correct. As soon as your friend sends in the disposal notice (aka Part A?), the new operator has 14 days to submit the transfer of rego. Assuming all the buyers details are correct your housemate should submit the disposal notice ASAP.

    • kiitos on 09/02/2021 - 15:39

      Good point, I've done this in the past when selling privately to a stranger.

    • CVonC on 09/02/2021 - 17:53

      Noticed of disposal (part A) was submitted over the counter this morning

  • Dabbler68 on 11/02/2021 - 11:51

    Perhaps the buyer left the interior light on, flattening the battery.

    The OP has not responded to suggestions of battery warranty. That should clear it up if the buyer is not trying a scam.

  • [Deactivated] on 02/06/2022 - 19:12

    Right right, a "housemate"

Login or Join to leave a comment
Login Join