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VIC Bought Car from Private Seller - Recourse under Australian Consumer Law?

Discussion in 'Australian Consumer Law Forum' started by JessC, 10 September 2015.

  1. JessC

    JessC Member

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    Hi there.

    Yesterday (09/06/2015) we purchased a car privately for $3000 with no roadworthy and no registration. When we went and inspected the car the bloke had said he had just returned from a pre roadworthy check on the vehicle and was advised all it would need is a new indicator lense, sway bar (which he said he was replacing) and new wiper blades.

    Upon getting the car home and into the mechanics today there are a whole host of problems including: 1 inch too high, bull bar will need to be removed when it gets lowered to legal height, broken engine mounts, the seats need replacing as they are not standard with the car, the carby is rattling free, needs a new wheel baring. The list goes on. We contacted the seller and were told it's our problem and refused to refund us upon the return of the car. Unfortunately we only have the receipt of sale and nothing in writing to say that he had had that pre roadworthy check. I trusted this bloke and now feel like I have been completely ripped off. Learnt a big lesson and it's screwed my family financially now.

    Do I have have a case under Australian Consumer Law?
     
  2. JessC

    JessC Member

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    Also in the add it states it will not take much for a road worthy.
     
  3. Ash

    Ash Well-Known Member

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    I will let someone more experienced reply to your query regarding do you have a case. One thing to consider if you did take it to court and won what are the chances of obtaining the money from the seller. Do they own any assets to seize if they didn't pay? I took someone to court for failing to pay rent and learnt the above the hard way and the saying "cannot get blood out of a stone" came to mind. When you are emotionally involved it is hard to think about the above. Had a tiler, same thing, bad job, already paid $2,000 but I knew I would never get any money from him so put it down to a lesson learnt. Not easy to do. Hope it gives food for thought.
     
  4. JessC

    JessC Member

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    I dont think paying will be a problem for them as the family is not short of money.
     

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