NSW Bought Faulty Car from Private Seller - What to Do?

[Noemmik]

I viewed and test drove a car, advertised as "in good condition" Saturday last. After I was satisfied with the the test drive, I asked all the usual questions (has the car ever given them any trouble or had any problems etc, to which I was told no). While there was no service history, I was also told the car had been serviced a month prior, and the car registration had been renewed around that date too.

The following day I bought the car, and an hour and a half into my journey home from the seller's house, the engine overheated and seized up, and now needs to be replaced.

Roadside assistance came out to look at the car immediately and from one short inspection, said it looked as though there was most likely a pre-existing problem with the engine the owners would have been aware of and probably treating to keep at bay, which led to it eventually blowing.

I contacted the owners the following morning, explained the situation and informed them I wanted to be reimbursed for the car, as replacing the engine would cost more than I paid for the car. I tried to contact the mechanic I was told serviced the car, on a number they provided me with, who, when I explained the situation, told me I had the wrong number.

Can anyone help me? Do I have any rights as a buyer on this matter or I am at a total loss?

 

[Tim W]

Along with no guarantee of clear title,
the complete absence of a dealer-like warranty
is the price you pay/ risk you take when buying privately.

A private seller does not have to warrant a car in the same way as a Licenced Motor Dealer.
But, it is a basic principle of the Law of Contract that if a person enters into a contract that is fraudulent, then that contract is voidable.

And if that's the case then, for example, a "seller" can be made to take the object sold (be that a car or whatever) back, and be made to return the money, or, in the alternative, be made to pay for relevant repairs.

Without referring to your particular case, an example of a fraudulent act in contract could be deliberately withholding information about the mechanical condition of a car that a seller knew, or reasonably should have known, was the kind of information that a reasonable person would think was relevant to the decision to buy that car or not. Even if neither party understood the technical/mechanical nature of that information.

Yes, it is a matter for one party (a plaintiff, such as dissatisfied private car buyer) to show, on the balance of probabilities, that the other party (a defendant, such as a private car seller) acted fraudulently when entering into the contract. But that is very do-able - because proving a negative is quite difficult for a defendant to do.

 

[Victa]

In short, I would consider an independent report on the issue from RACQ or similar and take civil action in the consumer tribunal for costs.

 

[Shiva Bichuka]

Hi Victa,

I am not legal expert but in NSW Fair Trading policy says buyer beware and you should have inspected the car with mechanic before purchasing the car as it would be better for you than ending up with huge expenses.