Hello community,
what kind of lawyer can help someone who has a problem with a car purchased from a private seller? Have major issues with a car i have purchased and need a lawyer to help me.
TIA
Which Kind of Lawyer Do I Need for Problems with a Car Sale from Private to Private?
dosada on 21/10/2022 - 00:58
Comments
mea culpa ?
A fake one that has a degree created on a printer at home.
Bikies.
Not really much you can do to be honest, you had the option to have the car checked out. I had a problem where the speedo was modified from 180K down to 130K km's. just wasted more time than anything. Shame but no one was prepared to take it on as there's not enough money in it for them.
Generally a lawyer will charge between $280 - $550 per hour for a typical case.
The hours and extras add up quickly, and not sure you'll find a lawyer that will take it on a "No win no fee".
grabs popcorn
where to get popcorn at 02:12 ACST, Ubereats?
pantry, 3 mins in microwave and bingo bango…….
Mine’s boring. Just goes pop pop pop pop after 3min in the microwave. What brand do you have?
@Euphemistic: You see… it's not what the pop corn does, but what it represents that makes it great… If the pop corn is coming out, you know something good is about to or is happening…
Hi,
It is difficult to say much from the fact situation as to whether a Lawyer will assist without knowing more.
Are the major issues:
contractual (that you have paid but have not received the vehicle?
that it isn't or can't be made roadworthy?
a major mechanical fault that has developed that can somehow be attributed to the previous owner?
the car has been sent to you via consignment, but is delayed or damaged in transit?
that there was a transfer of the warranty and a claim under it is being declined?
ATM this is like a crossword without clues…
They're trying to ascertain the type of lawyer or any suggestions on narrowing down to some viable options. They're not asking for advice on if a lawyer will assist them and so don't need to go into the details. That's what I get from the post.
some viable options.
More details would probably help though
Sorry, i didn't even realize that there are different areas.
The issue is that as per law the seller was supposed to include a RWC with the sale of a registered vehicle. He failed and refuses to do so.
So you bought a vehicle as is then?
And yet you still bought it?
If they are required to supply a RWC at time of sale, you are equally required to receive one at time of sale. Both parties have not carried out the transaction properly.
Unless the car is a basket case its probably cheaper to get the RWC done rather than engaging a lawyer.
Also could you have simply not purchased the car when they refused to provide the RWC?
You must be new hereHave major issues with a car
Mechanic would be slightly cheaper and a lot more productive in this scenario…..
Saul Goodman
Dennis Denuto
It’s a civil case, you would represent yourself in front of something like a magistrate.
Unless it is a $100,000+ car (and I know it isn’t because people who can afford to buy these vehicles can also have lawyers on retainer) then “lawyering up” is going to be a damn expensive exercise.
I have a strong feeling that this is a 50:50 split between buyers remorse and not doing your due diligence and you got caught pants down with a shitter.
Unless you come up with more information about your specific issues you are having, I doubt anyone is going to be able to help you in any helpful capacity… or then again, just do what everyone else does on this forum, post your question and then ghost.
Unless it is a $100,000+ car (and I know it isn’t because people who can afford to buy these vehicles can also have lawyers on retainer) then “lawyering up” is going to be a damn expensive exercise.
If you think everyone driving around in a $100k car has a lawyer on retainer I got news for you… So many people have 6 figure cars that live in shitty apartments, or have them on loan
can afford to buy these vehicles…
Emphasis on “afford”, not people who “own” them.
And it was more making the case that if it was an expensive car, most people that can “afford” very expensive cars usually also know how to “lawyer up” already, leading me to believe that OP isn’t buying in the upper price bracket of vehicles.
So many people have 6 figure cars that live in shitty apartments,
Known as idiots. Surely you'd have nice digs, and an reasonable car if you weren't compensating ?
Looking for that high yield, fam.
Surely you'd have nice digs, and an reasonable car if you weren't compensating
Some people have different priorities. Some people value the perception others have of them when they're rolling through the local strip or the city rather than how they live at home where they don't see that.
That's why you have someone driving an Audi RS5 living in a 2br apartment in Campbelltown.
The issue is that as per law the seller was supposed to include a RWC with the sale of a registered vehicle. He failed and refuses to do so.
Did you pay them money for the car and take receipt of the it? If "yes", then you are equally to blame… If "no", then why does this thread even exist??
You need a RWC to transfer the car into your name, not for them to sell the car. What they should have done was just remove the plate off the car at the time they handed it over to you.
Everything else you have said in this thread points at you not doing your checks and due diligence. This isn't the sellers fault, it's yours. If selling you a car without a RWC is "illegal" then why did you take possession of it or pay for it before the RWC was issued?
Commercial lawyer would help. The trading through a dealership or private is under consumer trade law.
Let's say you wanted a refund due to misleading information, even writing a letter from the lawyer demanding a refund (like a cease and desist letter) to the seller would cost over a thousand dollars if not in the thousands.
And would i be able to ask the seller for a refund for my legal costs? At the end of the day it is him who screwed up, the situation is pretty clear.
The lawyer can write in the letter that legal costs on your side would need to be compensated by the seller.
But to my understanding only the judge in court can approve that.
If the lawyer sends the letter for a refund, threatening legal action if they don't pay, but the seller gives you your refund, you are responsible for all legal costs not the seller. The seller is only responsible for the refund if they decide to give it to you and the case doesn't go to court.
No, you both screwed up.
He sold a registered car illegally, you illegally bought a registered car.Now the car is in your possession and rego in his name without you getting that RWC, you're (profanity) out of luck.
If you want to continue breaking the law, you could rack up some speeding fines under his name.
A lawyer with a fake degree who will charge less than the cost of the car.
Someone with a degree from the University of American Samoa.
you broke it you bought it
I can highly recommend Dennis Denuto. He has the vibe.
What car (year, brand, model) ?
Kms?
Price?
Issue?When did you buy the car?
When did the issues become apparent?
What attps have you made with seller to address issuesThe issue is that as per law the seller was supposed to include a RWC with the sale of a registered vehicle. He failed and refuses to do so.
Double fail… Buyer purchased a vehicle privately without sighting a current RWC…
Contact victorian legal aid for advice on a civil matter i.e. contract
I did, and they referred me to Fitzroy legal services. They wrote a very unprofessional letter of demand and that is all the help i can expect from them.
Did they sell it with or without number plates?
Contact victorian legal aid
Would that be a valid use of a finite resource that anyone who purchased a lemon should pursue?
@randomusername2017: Yes, because they would provide appropriate legal advice for deali g with this issue.
Do you go to hospital after a car accident ? Or is that not a valid use of a limited resources?
How much will it cost for you to get the RWC instead?
About 5-6K. The seller is really a handful, he even sent me an edited invoice from the repair shop. I only know that because it looked fishy so i contacted the repair shop if they could send me a copy. They did and the one i received from the seller and the one from the repair shop aren't identical.
Jees, how is it that much?! How bunky of a car is it?!
The car had engine issues which he hid with a temporary fix. The car broke down after a few days of getting it. Most of the engine needs to be redone and lots of oil leaks fixed.
@pharkurnell: Yes, at that moment i wasn't aware that the seller by law must include a RWC for a registered car. I trusted him that the car was "RWC ready" as he claimed.
@pharkurnell: 2010 Mercedes C220, 149000KM, $11500
Fuel injectors dead, oil leaks all over the engine and driveshaft, few more issues.
bridge
Good news is that it might possibly qualify for RWC exemption if you leave it mounted on the lowboy
2010 Mercedes C220, 149000KM, $11500
You were not aware it was going to be a shitbox, but it has MB badges on it, is 12 years old and has 150,000km on it?
Christ, and people have a go at me for calling all these European cars "Trashwagens" or "Euro shitbox" when this forum is littered with examples of this type of shit car with these shit issues wrapped up in a nice big multi thousand dollar "(fropanity) you" tortilla.
@spackbace: Oh, I already had a fair idea of what it was going to be, either this, a BMW base model 3 series (my first guess) or an Audi A4.
2010 Mercedes C220, 149000KM, $11500
Fuel injectors dead, oil leaks all over the engine and driveshaft, few more issues.<Insert sarcastically surprised Kirk meme>
That is shocking….. shocking….
a 13 year old base model Mercedes with issues is unheard of.
With a private sale, it’ll be difficult. This is why second hand dealerships are a good idea as they provide warranty.
Not even the comprehensive all conquering aftermarket warranty is going to save you from a >10yo euro money pit …
Just how bored are you, OP?
I guess you could always park it in his driveway and set it on fire.
Probably cheaper too.
The lawyer will cost more than your "new" car. And the lawyers definitely won't accept a leaky 2010 Merc as payment!
Everyone else here has punished you enough.
Take it to small claims court (VCAT).
The adjudicators are 'normally' reasonable.
Take the edited and original invoice for repairs with you and any other evidence.
Maybe you get something maybe you don't. Hasn't cost you much, but if you don't get compensation at least you annoyed the sh!t out of him.
Also (from many years ago in QLD), if they fail to show up you automatically win.Thanks for the helpful reply. The case is actually pretty simple, i would definitely win a court case as he has violated laws/regulations. A second-hand car sold with registration MUST be sold with RWC. There is no negotiating about that.
…as he has violated laws/regulations.
Please cite the legislation he has broken. You seem to know more about it, I’m keen to update my knowledge on the subject.
Think the seller is up for about 25 penalty units… Punchline would be the genius buyer also up for at least 5 penalty units… Solely from an rta transfer of registration pov.
As a basis for rescinding sale or recovering damages 🤣😂🤣😂🤣👩⚖️If the case is so simple…why does this thread even exist
@randomusername2017: I am happy to cop 5 penalty points if that is what it ends up costing me, still less of a loss than the current situation.
@dosada: Failure to comply with the road safety legislation in regard to transfer of registration, and a dispute over the lemonade stand are two separate issues.
@randomusername2017: Interesting, thanks for the read.
Cars are sold and transferred without RWC everyday. Buyer obtains, forced transfer - 30 days to obtain, then i think you get a reminder letter for more time ( Decent grace period) before the registration get's cancelled. Source: Real world experience. They have changed the forms and put up a fight recently though haha.
May be different for LMTC Dealers though.
Please pay attention to the private sale
https://www.consumer.vic.gov.au/cars/selling-a-car
Have a look at "get organised"
https://www.vicroads.vic.gov.au/registration/buy-sell-or-tra…
@dosada: Please pay attention to my comment.
Have a look at https://www.youtube.com/watch?v=Yw6coDS9V4E&ab_channel=Scott…
You have no leg to stand on sorry, RWC ready means nothing. Can be transferred without RWC too, despite what the Vicroads website says. Wouldn't waste money on a lawyer plus the 5-6k repair bill for a car worth 10-12k.. Expensive lesson sorry!
I wouldn't go by what vicroad alone says, but a lawyer that i have seen at legal services Fitzroy said the same, so does Consumer Affairs Victoria and i believe that they would know what they are talking about.
Lol
If there's no RWC, there's no rego transfer.
Time to start running reds on camera.
caveat emptor?