QLD Buyer Wants Car Repaired or Buy Back for More?

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MrX

Member
3 April 2015
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0
1
Hi all,
I'm new here and desperately seeking to help my brother out.
My brother have sold a car privately to a buyer with a roadworthy certificate and has stated that in the receipt. The seller has bought the car but decided to take it to a mechanic for a check up and have come back with a hefty bill for the repairs needed, none of which my brother are aware of. Brother then decides to refund and take the vehicle back but now the buyer is demanding he pays a couple of grand more than what he bought it for or pay for the repairs.

I'd like to ask where my brother stands and what he can do under Australian Consumer Law? Can the seller ask my brother to pay for the vehicle inspections as he bought the car before he took it to the mechanics? And can the seller ask for more money on top of which he bought it for?

Thank you all.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Either refund the money and get car back, or do nothing and tell the buyer sue your brother if he really feels he has to.

Your brother is in a good position if the car has a roadworthy and knew nothing about the car needing additional repairs.
 

MrX

Member
3 April 2015
2
0
1
Thanks for the reply.

The buyer will not agree to be refunded back the price he paid it for and also insisted my brother pay for the mechanical inspections which he had done after he bought the car. He took it to one mechanic and got the car checked up which needed something small fixed and my brother had paid for that. Then he took it to another shop to get it checked and this shop came out with a lot of things needed fixing apparently. The buyer has also had the car for over a month and haven't registered it under his name yet either which is illegal.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
Your brother needs to fill contact the Vicroads equivalent in QLD ASAP and tell them the car has been sold. Many bad things can happen if the car racks up fines or is used illegally. Your brother may get out of things eventually if something happens but best avoid it in the first place.

Put the deal, offers and background in writing/email to the buyer so you have correspondence on record then ignore the buyer if he continues to be unreasonable. He refused a fair offer.