Dodgy Private Car Purchase, What Are My Options?

LNarangbabanger321 on 02/08/2024 - 20:00
Last edited 02/08/2024 - 20:08 by 1 other user

Hi all, I recently purchased a car from private seller on Facebook Market place.

In the ad it mentioned a number of features and extras (camping setup, fridge, solar panel, dual battery, ECT). In the advert there's multiple comments advising everything is in "working order" and has no issues.

Upon inspecting the car there were a few issues but nothing obvious. He also provided a RWC certificate that failed on two wheels though cleared on everything else. Upon replacement of these wheels I got another RWC which failed on multiple fronts, to the point the car should be sold for parts. The extras that were unable to be tested on the day due to a faulty second battery are all broken as well.

I reached out to the seller and advised him of the issues and requested we come to a reasonable solution of I sell the car to a wreckers and he compensates me a portion of what was paid. He's advised none of the issues were present on the day, the advertisement was accurate, and it's really not his problem.

I have evidence proving that he knowingly made a number of false claims in the ad and he's provided receipts of previous work further incriminating himself.

What are my options in regards to legal action I can take against him? Should I also reach out to the mechanic who completed the original RWC? Understandable if it's a live and learn experience and any advice would be much appreciated.

Automotive Facebook Marketplace Used Cars

Comments

  • Hybroid on 02/08/2024 - 20:03
    +57

    None. It's your duty to inspect the vehicle thoroughly, including getting a professional pre-purchase inspection. Once it's exchanged and the purchase complete, you're SOL.

      • Hybroid on 02/08/2024 - 21:51
        +8

        Not quite true for dealership purchases.

        Motor Dealers and Repairers Act 2013 (MDRA) and the Australian Consumer Law (ACL) apply for dealer sales, both new and used (within certain criteria).

      • SnoozeAndLose on 03/08/2024 - 09:01
        +1

        There is a mandatory warranty if the used car is purchased from a dealership

  • GoldenDragon888 on 02/08/2024 - 20:03
    +22

    Caveat emptor.

    • backpaqer on 03/08/2024 - 10:14
      +2

      The fact that there's a latin term thrown in here shows how old this advice is.

      • resisting the urge on 03/08/2024 - 10:37
        -4

        Old terminology is symptomatic of law makers making laws in a drive-by fashion;

        If only we expected them to keep our statutes maintained and up to date, instead of leaving us with tomes of outdated, inappropriate laws- that we are obliged to the King to know and live by

  • Jimothy Wongingtons on 02/08/2024 - 20:05
    +10

    Hope it wasn’t too expensive a lesson.

    I’m also surprised the seller replied at all.

  • Ash-Say on 02/08/2024 - 20:07
    +11

    There is no consumer protection for you with private purchase

    • lukeghulm on 02/08/2024 - 21:38
      +1

      There is no consumer protection but that does not mean the poster may not be able to commence and win a civil claim if the details are accurate as he explains them and this can be made clear/proven to the magistrate.

  • Baysew on 02/08/2024 - 20:07
    +3

    What is the make, model, year and mileage and how much did you pay?

  • 87percent on 02/08/2024 - 20:08
    +1

    You got buckleys

  • Nutrino on 02/08/2024 - 20:09
    +7

    Banger of a first post.

  • DashCam AKA Rolts on 02/08/2024 - 20:28
    +6

    O.P. what were you thinking? You could have got Uncle Ian to have a squiz on Sat'dy. Would 'ave only cost a packet of darts and a slab of VB. SMH

    • Jimothy Wongingtons on 02/08/2024 - 20:29
      +7

      1.3 slabs now - bloody inflation

    • Muzeeb on 02/08/2024 - 20:37
      +2

      Came here for the uncle Ian reference. Wasn't disappointed.

  • Muzeeb on 02/08/2024 - 20:39
    +4

    Nice troll post. I'm not falling for it because no one is this silly in real life.

  • cashless on 02/08/2024 - 20:40

    What was the advice of the independent mechanical inspection?

    • Nugs on 03/08/2024 - 07:02

      Ask ozb
      .

  • Drakesy on 02/08/2024 - 20:43
    +1

    Sounds like you bought yourself a unroadworthy car

    Congrats!

  • cashless on 02/08/2024 - 20:46
    +3

    Look on the bright side, at least you didn’t buy a Jeep…..
    ….did you?

  • Stewardo on 02/08/2024 - 20:49
    +9

    Why didn’t you fix the tyres and take it back to the original mechanic?

    • magic8ballgag on 03/08/2024 - 09:33

      My best guess is that the roadworthy inspection report (not a certificate) that was provided by the seller had expired and OP took it elsewhere, or it was originally inspected a while ago and the car developed new faults.

      Either way, it's important to remember that an inspection report doesn't mean much these days. Get the car inspected by someone reputable before handing over a deposit.

      • Feeblely on 03/08/2024 - 09:54

        Never heard of a roadworthy inspection report. Is that same as Pre-Purchase Inspection report?

        • magic8ballgag on 03/08/2024 - 10:00

          It's my wording for what is essentially provided as a result of a roadworthy inspection.

          In Victoria, this is emailed to the customer post-examination by a mechanic. It sounds like the OP was simply provided a copy of this report, which included the defects mentioned by the seller.

  • Iwantthebestprice on 02/08/2024 - 20:49

    That sucks OP. Not much recourse unfortunately. You could try scare the seller with a VCAT case but even if it went to VCAT your chances are slim as second hard car sales are pretty much final.

  • Dollar General on 02/08/2024 - 20:53
    +3

    You can take civil action but depends how much the car is worth and if there’s any chance of getting money out of the seller if you win

  • Wiadro on 02/08/2024 - 21:05
    +3

    bikies of course

  • CyberMurning on 02/08/2024 - 21:09

    So what are the correct steps for other members?
    Bring a mechanic together to inspect the car before handling cash?

    • lukeghulm on 02/08/2024 - 21:40
      +4

      This is the real kicker for me: "The extras that were unable to be tested on the day due to a faulty second battery are all broken as well."

      At that point buying anything (let alone something expensive) it is really time to walk away.

      • solidussnake on 03/08/2024 - 11:33

        Going with their heart and not the head.

        I would have walked, plenty of other vehicles out there

    • brendanm on 02/08/2024 - 22:21
      +1

      If things described in the ad don't work when you go to look at it, don't buy it. It seems like common sense, yet here we are.

      • CyberMurning on 02/08/2024 - 22:52
        +1

        I think OP was taking risk of not testing those but asking for discount. Seller agreed…
        Ozbargain way goes wrong. Op must felt of getting the biggest deal of the year. Then later….

  • SBOB on 02/08/2024 - 21:09

    Understandable if it's a live and learn experience

    then consider it understandable.
    Unfortunately you're pretty much stuck with what you bought once you exchanged $

  • Sye on 02/08/2024 - 23:53
    +3

    Is this still available?

  • apsilon on 03/08/2024 - 06:23
    +2

    How are receipts for having work done (which would mean an issue has been fixed and are now OK) evidence of false claims?

  • mapax on 03/08/2024 - 07:07
    +1

    What kind of vehicle?

    What actually failed?

    Why didn’t you take it back to the original tester?

  • gyrex on 03/08/2024 - 07:43
    +1

    I thought it was illegal to sell a car in QLD without a valid RWC?

    • nocure on 03/08/2024 - 11:52

      Only if your transferring current rego

  • holdenmg on 03/08/2024 - 07:54
    +11

    The Movie Show view…

    David:
    This post started out well with a contribution by a new director. However the central character (a Car) was never clearly identified. Much was said about the Cars problems that were later disputed by a seller. Subsequently the Buyer didn't engage with the Audience. 1 Star.

    Margaret:
    I loved it.

  • pegaxs on 03/08/2024 - 08:25

    Yeah, this is why we do mechanical checks before we hand over any cash…

    Red flag number one… “oh, yeah the battery is dead, so we can’t test those.”

    This should have been your signal to walk off…

    • photonbuddy on 03/08/2024 - 10:21

      Red flag number one

      That was red flag number two.

      Red flag number one was not having a completed RWC. This is always a dead giveaway there are problems.

      Still … OP has learnt a hard lesson here. Hopefully it'll be a teaching moment for them, and everyone they tell the story to, even if it means some of those people think less of them for being so silly.

  • Tomhaigh1 on 03/08/2024 - 08:31

    Just think you paid X $ to learn a life long lesson

  • DeeTrance on 03/08/2024 - 10:09
    -4

    If the car is still within 30 days of the original RWC, the workshop who provided that certificate is obligated to fix the defects. Tell them you'll report it to Vic roads, or they risk losing their testing licence.

    • Muzeeb on 03/08/2024 - 10:14

      What?

      • DeeTrance on 03/08/2024 - 14:07

        If the vehicle was unroad worthy and the original workshop passed it off to be sold as as Road Worthy, and provided a certificate for it. Then it still their responsibility, they can't shift the blame for being incompetent.

        That's how it works in Victoria. That's why so many workshops have had their Vic roads testing Licenses revoked. I've taken used vehicles back to the original workshops for flaws like faulty air conditioning etc and got them to fix free of charge within the 30 Days RWC period.

        • Muzeeb on 03/08/2024 - 14:17

          OP is in QLD not VIC.

          Was the sellers car signed off as roadworthy or just needed two tyres to complete the roadworthy? One of us is misinterpreting the post and I don't think it's me.

          Is a faulty air conditioner a roadworthy item in VIC?

    • bobs burgers on 03/08/2024 - 10:15

      What? How is the workshop obligated to fix anything?
      They provided the rwc service, they weren't engaged to fix anything. Which is up to the person who took it to them….

      • DeeTrance on 03/08/2024 - 14:10

        That's not how it works. If you inspect a vehicle and pass it off as road worthy, it is your responsibility to ensure that it is in fact road worthy. Otherwise, any Tom, Dick, and Harry can be a Licensed tester.

    • mapax on 03/08/2024 - 10:21

      The vehicle failed the original RWC due to tyres.

      • DeeTrance on 03/08/2024 - 14:11

        Well that's a different story if it failed a Road Worthy inspection.

    • apsilon on 03/08/2024 - 14:23

      I'd love to see a link to that law. So a tester checks out a vehicle and it passes and within 30 days something that was working at the time of the RWC fails and so it becomes the testers obligation to fix it and wear the costs? I smell something that rhymes with pull ship.

  • BigBirdy on 03/08/2024 - 10:29
    +3

    Yet another forum posting where poster doesn’t respond …

    • holdenmg on 03/08/2024 - 10:43
      +1

      More like a Drive-by than a post.

    • Herbse on 03/08/2024 - 11:04
      +2

      Mods really need to make a limit on new accounts creating new threads.

  • resisting the urge on 03/08/2024 - 10:44
    +1

    Sounds like they bought a worn-out, ex-rental camper (think of an Itsabitshiti L300, or Hiace, Delica, etc.), expecting to be able to replace two tyres and a battery.

    Yet found that responding to the ad at any price was an unforgivable first mistake- and that being able to proceed down a street, turn and stop, does not mean it will be usable, or even roadworthy.

    Realising this, OP has gone to ground in shame

  • Herbse on 03/08/2024 - 11:02

    Lots of mechanics pick up on things that others dont just to fleece people out of money. I'd be surprised if his original rwc guy pointed tyres out but nothing else, it's a risk to his business to give dodgy rwcs.

    Why wouldn't you just go back to the same original rwc mechanic after you got the tyres?

    Anyway, now he's offering you compensation after you sell the car for parts. What's the problem? You'll end up getting all your money back the the guy has lost out potentially because you went to a different type of dodgy mechanic. But this is a scam for you somehow?

  • Typical16-bitEnjoyer on 03/08/2024 - 11:27

    This is definitely a live and learn experience.

  • seraphim2017 on 03/08/2024 - 12:39

    Caveat emptor for private sales. Next time pay refundable deposit take to a trusted mechanic get an honest look and find out. Hard learned lesson but private is always buyer beware, it sucks but it is.

  • ColtNoir on 03/08/2024 - 13:08

    RWC aren’t the same as pre-purchase inspections. RWC is just a pink slip aka check tyres aren’t bald, the brakes function in a test and above the minimum, there are any rust spots that could harm a pedestrian more in a crash etc.

    Pink slip $40ish
    Pre-purchase inspection $200+ but worth it.

  • jakt70 on 03/08/2024 - 13:49

    As the buyer, it's your responsibility to get all the checks required to be satisfied you're not buying a dud. I think it would be a case of your word against theirs, and an expensive lesson unfortunately.

  • jackspratt on 03/08/2024 - 13:49

    Your first option is to sign up with a new troll account on OzB, and then sit back and wait for the responses.

  • Muzeeb on 03/08/2024 - 14:24

    @kerfuffle - have you found the sister thread on whirlpool?

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