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NSW Australian Consume Law - Is Seller Liable to Fix the Car?

Discussion in 'Australian Consumer Law Forum' started by Dianna, 14 May 2016.

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  1. Dianna

    Dianna Member

    14 May 2016
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    Purchased a second hand car in a private sale 11 days ago. Seller said it was bought brand new, never had a problem, serviced on time every time. I trusted seller because the mechanic that 'serviced' the car I know is good, honest and reliable.

    The next day, there were unsafe problems with the car when it gets too warm. The steering wheel is wobbly, vibration through whole car. It cuts out, sometimes I can't start it. I contacted the seller and they claim not to know anything about any of it. Now they are not answering.

    I have documents stating the same problems of the car, some say it was fixed, other say it needs to be.

    What legal rights do I have under Australian Consumer Law? Can I have the seller liable to fix the car?
  2. Tim W

    Tim W Lawyer

    28 April 2014
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    Having bought the car privately, you do not have any of the warranty protections (about mechanical faults) available to somebody who buys from a dealer. If you can show that the seller knew, or reasonably should have known (even as a non-mechanic), about the faults, and on that basis deceived you into buying by concealing them, then you may have an action based on a fraudulent contract.
  3. Victoria S

    Victoria S Well-Known Member

    9 April 2014
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    Hi Diana, I agree with @Tim W - without application of the consumer law warranties you are left with common law actions such as misleading and deceptive conduct which may entitle you to rescind a contract and/or seek damages. However you would need to initiate court proceedings in order to do this, and would need to assess the cost of doing so against the cost of simply repairing the vehicle, unless you can negotiate with the seller.

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