VIC Bought Car with Roadworthy Certificate That Seller Later Changed?

[Kayley]

Hello,

I purchased a car a few days ago. When we viewed it, it had tires on it which had passed the roadworthy certificate. The seller said the rims were not included unless we wanted to pay more. We said we didn't need the rims so he changed to the old tires which turned out to be un-roadworthy. Therefore, he sold us an un-roadworthy vehicle.

What are my rights on this under Australian Consumer Law?

Ideally, we would like him to give us the tires which were on the vehicle when we viewed it at no extra cost.

 

[Lance]

Hi Kayley,

Under Australian Consumer Law, a private seller is really only bound to ensuring the vehicle has a clear title, up disturbed possession and undisclosed securities. But they are also bound by common law contract requirements.

They provided the vehicle with a roadworthy certificate then made modifications or changes that made the vehicle unroadworthy. It's easy to establish that you wouldn't have purchased an unroadworthy vehicle so they have broken the contract of sale between you.

You could try explaining this situation to the seller and if he refuses to fix the situation you could issue a letter of demand. Failure to comply with the letter of demand would mean you can take it further.

This blog will help explain your rights: https://www.lawanswers.com.au/blog/faulty-second-hand-car-your-options-as-a-buyer/