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QLD Car Dealer - repairable write off

Discussion in 'Australian Consumer Law Forum' started by Dee80, 17 February 2018.

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  1. Dee80

    Dee80 Member

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    Hello,

    I was wondering if someone could help me with where I go to from here.

    We bought a car a few years back and have the paperwork. The dealer advised us that it has been in an accident and was not a repairable write off (or statutory write off) and on the paperwork provided he also did not tick either of these boxes where it does states;

    "If the vehicle is a written off vehicle the motor dealer must declare it here;"
    And it has the two boxes to tick - neither ticked.

    Further on the paperwork it goes into cooling off period etc. It also has their business company stamp on this page as well.

    I have tried to sell my car and have now found out from a potential buyer that this is listed as a repairable write off. We have done a REVS check ourselves and this has been confirmed.

    I believe that as they are a motor dealer they HAD to advise us of this as per the paperwork. Can you please confirm this for me?

    Also where to go from here and what should I expect?

    Thank you for your help,
    Dee
     
  2. Rob Legat - SBPL

    LawTap Verified Lawyer

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    That depends on whether the vehicle was registered or unregistered at the time of sale.

    It's an offence under the Motor Dealers and Chattel Auctioneers Act 2014 for a motor dealer to sell an unregistered written off vehicle unless they notify you in writing and get you to sign an acknowledgment.

    There's no such requirement if the vehicle is registered. In that case, it is up to the buyer to make the appropriate checks.

    Written off vehicles undergo more stringent checks when they are re-registered.
     
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  3. Dee80

    Dee80 Member

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    Thank you for your response though I am confused. The car was registered but Queensland transport states;

    “Motor dealers selling second had vehicles with a written off classification need to notify buyers of the status. The vehicle must have a label stuck to it where it states wether it was a statutory or repairable write off.”

    The paperwork from QLD transport also has this question on it stating they must declare this.
     
  4. Rob Legat - SBPL

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    It's possible that it was written off in another state which doesn't require the labels (some only require the statutory write-off label from what I can see). In that case, I don't think there's a requirement to re-attach one in Queensland.

    It also appears to be the case that once the car is repaired and re-registered it is no longer considered a repairable write-off. I haven't dealt with this in practical terms, but I can see the scope for it in the legislation. It may then become a "repaired write-off" and considered something different.
     
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