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NSW Accused of Selling Lemon Car - Where Do I Stand?

Discussion in 'Australian Consumer Law Forum' started by Kathg100, 28 July 2016.

  1. Kathg100

    Kathg100 Member

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    Hi,

    The other day I sold my car privately. Just so we are clear, it was a 2005 station wagon with 206,000kms on the clock. The buyer requested to take the car to an independent mechanic for an inspection prior to purchasing, to which I agreed without hesitation.

    They came back with a small list of issues but as I'm not mechanically minded in the slightest I said "I'm sorry, but I won't waste your time asking the issues stated because I don't understand what you're going to say anyway. The buyer said that it was mainly due to the age of car but nothing too serious."

    When asked questions about the car I answered honestly to the best of my knowledge. I was happy with my car and upgraded as my family had outgrown the car and we had found a replacement at a reasonable price. They said that given the report from their mechanic, they would like to make an offer. The car was advertised for $7000 and they offered $6000. After a bit of discussion, they increased the offer to $6500.

    As I had other aftermarket accessories I was going to sell separately that they wanted we agreed on a price of $6700 all inclusive. When they drove away, they have called/sms'd a few more questions which I have continued to answer honestly.

    This afternoon the buyer rings accusing me of selling a lemon car as he has been to a different mechanic who has told him there is over $3k in repairs to be done. He advised me he was bringing the car back and wanted his money back. His accusations and tone had me worried to the point that I rang out local police to report the conversation (I advised him on a voicemail of this).

    I guess my question is, does he have the right to come back to me demanding his money back? I have blocked his number on my phone which was the instruction from the police. I'm just wanting to know what are the buyers options to go forward as well as my own should the proceed with this further.

    Thank you for your time in advance.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Kathg100,

    No. Australian Consumer Law does not apply to private sales so there are no warranties of acceptable quality or fitness for purpose. Its essentially "buyer beware" - or in other words its up to the buyer to do whatever investigations into the vehicle before they purchase it to satisfy themselves it is what they want. As long as you are honest in your responses to any questions that they asked you have no liability to them for any issues that arise after the point of sale.

    Tell them they are wasting their time, it was up to them to have any mechanical inspections to identify any issues prior to purchase which it sounded like they did. Don't even consider entertaining a refund or taking the car back.
     
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  3. Kathg100

    Kathg100 Member

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    Thank you for taking the time to reply much appreciated.!
     
  4. Sophea

    Sophea Well-Known Member

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    ;)
     
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  5. Anita Nabarro

    Anita Nabarro Member

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    Hi,

    Would like to know where I stand with the Lemon Law currently operating in Australia. I purchased brand new VW Jetta in 2009. Had an engine failure which took me 10 months for VW to replace through the NCAT program.

    I have had 2 recalls on the Mechatronics in 2011, 2013, 2015 car off the road and it has again happened 2016. The warranty on the Mechatronics is 2 years. I have had it confirmed by the Five Dock Service Centre that I need a new gear box $8500.00.

    Please help me with where I stand with the issues I have had in the past.


    Many thanks
     
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