VIC Bought used car from private seller. Seller lied. What to do?

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jasse

Member
20 February 2020
1
0
1
I got my first car last week from private seller and I realised there are so many severe problems with the car.

I saw some marks on the bolts so I asked him about it. Seller told me it's never been involved any accident, but it turns out that it is a written-off car.
Seller told me that a timing belt was replaced 6 month ago, but it turns out it has never been replaced.
Air conditioner smells really bad (something like chemical things), so I requested seller to check it with mechanic when he was getting RWC. He told me that it will be gone once I replace a filter, but it turns out that there is a leak of cooling water which cost $2500 to get it fixed.

I realised all of them on very following day I paid full amount. There are more, but these are probably main issues. I'm aware that there is also my fault, being in a rust, not checking properly... It was my first car, so I was not really familiar with buying a second hand car. I was just in believe that the seller came from far suburb, he seemed genuine...

How should I deal with this situation...?
Am I supposed to report it to the police? or any way to sue him?

Thank you so much for reading long question...
 

Lynx64au

Member
20 February 2020
2
0
1
If you buy from a private seller, then there is, I assume, no contract with Terms & Conditions. In other words, you buy a car "as is".
Buying a car from a yard or from a dealer comes always with a 3 months warranty (by law)
I am afraid you have to lick your wounds, learn your lesson and move on. Take your car with all the problems to a car yard and trade it in. So they have to check it to give a warranty to the next customer. And you make sure you READ the terms and conditions on the sales contract and hold him accountable for any defects in the next 3 months. I am sorry, but I don't think you stand a chance in court. :(
 

John R

Well-Known Member
14 April 2014
689
173
2,394
Sydney
@jasse -
If you are unable to chalk this one up to "experience buying a car", you may consider filing a VCAT claim if you have the private seller's information and have an independent mechanic's report as to the faults/defects. See also Goods and Services | VCAT.
VCAT fees vary on the dollar value that you seek to be refunded, etc. Goods and Services fees | VCAT.
Please note that if you are successful at VCAT, you will still need to chase the private seller to pay any costs (because, despite being ordered, most do not actually pay without a longer, drawn out fight).