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
    +127

    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
        +23

        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
        +6

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

        • Antikythera on 04/08/2024 - 17:26

          over a certain price? iirc 5k?

          • SnoozeAndLose on 04/08/2024 - 17:27

            @Antikythera: I don't think price is limited, as long as it come from the dealership, this is why they take a car for $500 trade in and sell them for $2 - 3K

          • Jake D on 05/08/2024 - 15:41

            @Antikythera: and under a certain age

        • johnfuller on 05/08/2024 - 12:04
          +1

          Dealer warranty is limited and you need to meet a certain criteria.

          They cover you for the repair on any defects the vehicle has after you buy. For used vehicles, this statutory warranty or guarantee lasts for 3 months or 5,000 kms. This is only valid for cars under 10 years old with less than 160,000 kms on the clock.

          If your car does not meet this criteria at the dealer, you get zero warranty.

    • HeWhoKnows on 03/08/2024 - 17:44
      +1

      Dept of Fair Trading clearly advises:

      BUYER BEWARE

      when it comes to used cars

      Sounds like OP bought this bomb from a backpacker travelling on a budget

      Thats HUGE RED FLAG!

      let alone the fact it was advertised on Facebook marketplace - Thats another HUGE RED FLAG

      OP had time to inspect the vehicle so no excuse whatsover.

      The car was sold "as inspected"

      Sorry OP but you stuffed up big time with no recourse

      • MS Paint on 03/08/2024 - 18:10
        +6

        Hybroid has made that very clear already. No need to reiterate it in you own words while replying to the top thread. FFS.

        I'm all out of neg votes so I'll be back in 24 hours.

        • rumblytangara on 06/08/2024 - 09:56
          +1

          Ah, but the liberal USE of TEH CAPS was a ValuabLE CONTRIBUTION.

    • johnfuller on 05/08/2024 - 11:04
      +1

      exactly this

      @Hybroid always comes in with accurate facts!

  • GoldenDragon888 on 02/08/2024 - 20:03
    +35

    Caveat emptor.

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

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

  • Jimothy Wongingtons on 02/08/2024 - 20:05
    +27

    Hope it wasn’t too expensive a lesson.

    I’m also surprised the seller replied at all.

    • smartProverble on 04/08/2024 - 18:17
      -4

      The buyer knows where the seller lives. Time to call the bikies.

  • Ash-Say on 02/08/2024 - 20:07
    +19

    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
    +9

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

    • Ss-ss on 03/08/2024 - 20:38
      +1

      Yes these are the facts required to make an opinion.

      • creesy on 04/08/2024 - 07:13
        +1

        Obviously not too much if failing a roady is enough to make it a wreck.

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

    You got buckleys

  • Nutrino on 02/08/2024 - 20:09
    +11

    Banger of a first post.

  • DashCam AKA Rolts on 02/08/2024 - 20:28
    +9

    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
      +10

      1.3 slabs now - bloody inflation

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

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

  • MS Paint on 02/08/2024 - 20:39
    +5

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

    • randomusername2017 on 02/08/2024 - 23:32
      +1

      New to the forums ?¿

    • TEER3X on 04/08/2024 - 17:54

      You'd think so.

      I was gobsmacked when a friend of mine bought a car privately and thought he could return it after paying for it and discovering issues later on.

  • cashless on 02/08/2024 - 20:40

    What was the advice of the independent mechanical inspection?

    • Nugs on 03/08/2024 - 07:02
      +1

      Ask ozb
      .

  • Drakesy on 02/08/2024 - 20:43
    +2

    Sounds like you bought yourself a unroadworthy car

    Congrats!

  • cashless on 02/08/2024 - 20:46
    +5

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

  • Stewardo on 02/08/2024 - 20:49
    +13

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

    • magic8ballgag on 03/08/2024 - 09:33
      +1

      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
    +4

    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
      +9

      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
        +1

        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
      +4

      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
        +2

        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….

    • star-ggg on 04/08/2024 - 10:23
      +1

      There are mobile mechanics that go around doing pre purchase inspections. You can do that and buy the car as soon as you are happy with the report.

  • 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
    +5

    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
    +3

    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
    +3

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

    • nocure on 03/08/2024 - 11:52
      +2

      Only if your transferring current rego

      • lethological on 04/08/2024 - 11:30

        Highly sketch buying car without rego.

  • holdenmg on 03/08/2024 - 07:54
    +15

    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.

    • TEER3X on 04/08/2024 - 17:56

      I remember those two, are they still alive?

      • abb on 05/08/2024 - 11:30

        Yeah, occasionally see them as guests on other shows. Margaret more so. She does some joke segments on The Weekly.

  • pegaxs on 03/08/2024 - 08:25
    +2

    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
      +3

      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

    • MS Paint on 03/08/2024 - 10:14

      What?

      • DeeTrance on 03/08/2024 - 14:07
        -5

        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.

        • MS Paint 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?

          • mapax on 03/08/2024 - 14:33

            @MS Paint: I believe a working demister is required for a roady, but the heater should be able to do that.

            • MS Paint on 03/08/2024 - 17:25

              @mapax: FFS Dee is banging on with bullshit.

              Optional and Non Essential Equipment
              Where optional and non essential equipment is fitted such as air conditioning, rear window demisters, etc, it is not necessary for it to work providing it does not adversely affect the safety of the vehicle or its compliance with mandatory Standards for Registration.

              • mapax on 03/08/2024 - 19:40
                +1

                @MS Paint: Yeah, I think it’s ADR 15 that covers demisting of windscreens and from memory they don’t even mention air con.

                Because I’m a me, none of the cars I’ve owned have had working a/c and they all past a RWC.
                Edit - my Camry did in fact have ac that worked pretty good.

    • 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
        -5

        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.

        • bobs burgers on 03/08/2024 - 17:37
          -1

          No matey, that's not how it works. At all.
          It is not the responsibility at all of the shop to fix anything for you.
          At all. Period.

        • bobs burgers on 03/08/2024 - 19:07
          -1

          Just in case you are confused, they tell you what is wrong only.
          Up to you to figure out what to do with the information.

          They will only issue the certificate after you fix the issues, which may include you asking them to fix it for extra moneys.

          Otherwise they don't care what you do.

        • Cave Fire on 04/08/2024 - 17:49

          Actually, yes this is the case in qld. You can query stuff with mains roads. If it is passed on rwc and failed irl, then the shop may have to fix it.

    • mapax on 03/08/2024 - 10:21

      The vehicle failed the original RWC due to tyres.

      • DeeTrance on 03/08/2024 - 14:11
        -1

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

        • FocusRider on 04/08/2024 - 07:28
          +3

          Prob should of red the the entire post champ

    • apsilon on 03/08/2024 - 14:23
      +1

      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
    +6

    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.

    • Windows98 on 03/08/2024 - 11:04
      +4

      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

  • Windows98 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?

    • cloudy on 03/08/2024 - 15:23
      +1

      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.

      The dodgy mechanic isn’t the first guy. He is the honest one, it’s the second mechanic that is finding things that is fine but he wants to fix to make more money from OP. That’s the likely situation, I’ve wrote about this before. Because RWC has a degree of discretion, a mechanic wanting to earn more can find faults that are fine( close to worn) and say it needs to be fixed or it won’t be roadworthy. They are now the gatekeepers of the car, so inevitably people fix these things and they have more business.

      RWC in its current form encourages mechanics who have slow business to engage in little white lies, and who can blame them. They’re in control of a cars state and to many people a car is their 1st/2nd most valuable asset, so they can profit from this position.

      I am sure if OP got another mechanic to inspect for a RWC the 3rd mechanic will not find exactly the same list of faults as the 2nd and may find different faults all together.

      • Windows98 on 03/08/2024 - 15:27

        Agreed. The rwc process gets taken advantage of by many mechanics. Plus the cost for it is ridiculous, it's gone from $70 a few years ago to $300 now by some places 🙄

  • 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.

    • Tleyx on 04/08/2024 - 18:52

      Refundable deposit. Lol.

      Go to a dealer if you want a refundable deposit i would tell you

  • 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.

    • Tleyx on 04/08/2024 - 18:53

      Most states its not a pink slip and is actually a blue slip and is a lot tougher and more expensive

  • 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.

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