VIC Bought a lemon car off a private seller, second hand, has caused me significant damage. Wondering what my rights are?

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Adina Nachum

Member
13 May 2020
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HI there,

I bought a Ford Ranger 2007 second-hand from a private seller on 26 Feb, 2020 - i bought it through carsales.com.au. On the description the owner disclosed that 2 things needed fixing - the rear light and new tires. After purchase i took it to the mechanic and they fixed those things as well as a few other basic fixes and they give me a road worthy, no problems there. A month or so later I book the car to get it registered for new registration (as well as number plates) and on my way to the testing the car breaks down on the Nepean Highway in the middle of the day. At first i thought it was the battery and someone from Bob Janes came out and helped me and got it started and put a battery in. After we got it going, and missing my apt, i was on my way home and the car stalled in the 4 lanes and i manged to veer it to the right and it stopped in the middle on 2 intersections. I ran across the road and found some mechanics and they eventually gave me a push to the footpath and i got a tow back to the original mechanic (who did the road worthy). Turns out there is major damage caused and the repairs will cost $3500 - bearing in the engine that wasn't well lubricated and started to make a loud clicking noise as well as the dual bass in the gear box, Seeing as the mechanic didn't pick it up in the road worthy i am wondering if we could find evidence from the seller that he knew of these significant changes to be fixed but sold it to me anyway and didn't disclose them. Would love to know yout thoughts. Adina
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
That you bought it through carsales.com.au is not relevant.
They are not a dealership and have no role in the sale beyond introducing sellers and buyers.

Hard reality - you'll never find evidence that he knew (or even that he reasonably should have suspected)
that there were defects in the vehicle.
Of course, it may also actually be true that the vehicle was working fine when he put it on the market,
and that the troubles you've had are no more than those typical of that vehicle,
of which there are many (search Ford Ranger limp).

Further, a private seller doesn't have to warrant a vehicle in the same way a dealer does.

Have a read of this.