QLD Australian Consumer Law - Getting Money Back from Private Seller?

[Paul compton]

i have a query in relation to a car purchased from a private seller.

The car was purchased online from a mechanic on the Gold Coast QLD! I was taking the mechanic's word on the vehicle's condition and had no reason to doubt him. As he said, it was in A 1 condition mechanically.

On travelling back home, I found that the power steering failed and an engine light come on, which turned out to be a throttle body problem. I approached the mechanic who said it was buy as is/ where is. Looking further into the car, it turned out it’s a repairable write-off, which wasn’t disclosed to me. The mechanic failed to notify me of this.

Could someone help me if I have any legal rights under Australian Consumer Law to get my money back?

 

[DMLegal]

The seller is living in la la land if he thinks 'buy as is' is a legal concept and a defence to selling poor quality vehicles, private or otherwise. Have a look at the case of Ace Action Motors Pty Ltd v Hoblos [2015] NSWCATAP 199, here is the link - BarNet Jade - Find recent Australian legal decisions, judgments, case summaries for legal professionals (Judgments And Decisions Enhanced)

Basically you do have rights to get your money back and for what it's worth. The fact the case I have referred to is NSW is irrelevant given Australian Consumer Law applies throughout Australia.

 

[Paul compton]

Thanks for the information. how do I go about starting legal proceedings

 

[DMLegal]

You could try QCAT first, here is a link with the process. Less formal, less expensive and you don't need a lawyer - Consumer and trader disputes - QCAT Queensland Civil and Administrative Tribunal