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NSW Australian Consumer Law - Private Seller Sold Me Not Roadworthy Lemon Car

Discussion in 'Australian Consumer Law Forum' started by essandess, 4 October 2015.

  1. essandess

    essandess Member

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    Hi
    I purchased a used vehicle in a private sale in Sydney on Thursday 23rd of Sept. 2015 for $6500. My son drove it home and then again he drove it 3 days later and needed a jump start to get it to a fuel station and then a jump start to get it home where it sat until I could get the NRMA to look at the problem on the Tuesday. After finding a carburetor fuel leak, it was deemed a fire hazard and we were told to not drive it and have it seen to by a mechanic. A driveway mechanic came to look at the vehicle on the Friday, just over a week after purchase who deemed the car as UNROADWORTHY.

    He has given me a list with over 10 points of concern including the front seat not being anchored properly to no horn whatsoever to rust under the floors and even bad brake calipers, steering joints and suspension and wiring problems. The car was registered on the 19 June 2015 and a pink slip which was texted to me AFTER sales showed it being a fail then a pass, but the car was only given a service with a handful of minor repairs undertaken. There was a note that the brakes would need doing SOON and the rust also SOON but the pink slip was passed regardless. I was not shown this Pink Slip until after sale but I assumed that because it was registered, the car would have passed at least the most basic of roadworthy requirements. My mechanic has said that the 3rd degree rust in the car would have positively been evident at time of registration and it should never have passed for that alone, much less for not having a horn or bad steering joints!

    The vendor has refused to acknowledge that he has in fact sold me an unroadworthy vehicle and made NO mention of any required repairs other than the smaller parts of visible body rust and perhaps a carburetor service. The car is a complete lemon car and I feel that the pink slip was issued fraudulently given the enormity of the findings of the mechanic.

    I did contact the provider of the pink slip who got rather hostile with me saying that these things were 3 months old and could have happened after he signed off on the pink slip. He also said he gave the owner a list of a lot of things which needed repair so he knew that the car was a lemon! It also has a faulty handbrake which I raised via text and he told me it just needed adjusting!

    I am at my wits end. My son drove this fire trap and I am furious that this car was passed with so many defects and dangerous issues and then sold on to me under such deceptive means.

    Any help under Australian Consumer Law will be greatly appreciated.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi essandess,

    Unfortunately you are not covered under Australian Consumer Law in terms of the purchase from the seller, as he is a private seller and not a licensed dealer. However you may have recourse to sue him at common law for misleading or deceptive conduct. Misleading conduct occurs when someone makes a pre-contractual 'false representation' about some fact relating to the sale (orally, in writing or by conduct) in order to induce the contract. If the buyer is successful they can rescind the contract or in some cases be awarded damages.

    If the seller knew, or reasonably should have known, that something was wrong with the car, and they concealed during the sale, then it can be a fraud.
     

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