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QLD Discovered Car was a Repaired Write Off - Can I Sue?

Discussion in 'Australian Consumer Law Forum' started by Shelby Mustang, 21 May 2014.

  1. Shelby Mustang

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    Hello. I bought a car 5 years ago (I have all the paper work still) and was not told that it was a repaired write off. I have documents to show that it wasn't on the revs when it was given to me. I only found out when I went to trade the car 2 years ago that it was a repaired write off. I've spoken to another car dealer and he said I can sue that car yard and the finance company, as finance companies shouldn't approve finance on it. I paid $18000 for the ute and paid back $20,000 on the loan.

    Am I entitled to be reimbursed for what I paid back under Australian Consumer Law? Can I get the finance company as well for approving the loan on a repaired write off when I was told they shouldn't have? I need to know where I stand. I've tried the QLD Office of Fair Trading, with no luck. I really need some advice on this matter.

    Thanks.
     
  2. John R

    John R Well-Known Member

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    Hi Shelby Mustang,
    1. Which state/territory are you located in?
    2. Do you still have the ute?
    3. Is the car dealer still trading?
     
  3. Shelby Mustang

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    im in queensland no i dont still have the ute and the car dealership is still trading
     
  4. John R

    John R Well-Known Member

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    Hi Shelby Mustang,
    Was the ute a statutory write-off or a repairable write-off? - I assume it was a repairable write-off.
    Was the ute unregistered or registered when you purchased it?
    What did the Queensland Office of Fair Trading say when you spoke to them?

    The Queensland Department of Main Roads and Transport advises that:
    "Auction houses and motor dealers selling second-hand vehicles with a written-off classification need to notify buyers of the status. The vehicle must have a label stuck to it, which states whether it is a statutory or repairable write-off."

    Section 95 of the Motor Dealers and Chattel Auctioneers Act 2004 (Qld) appears to clarify:
    "Subdivision 5 Sales of used motor vehicles that are written-off vehicles
    95 Notice to be given about used motor vehicle—written-off vehicle
    (1) This section applies if a used motor vehicle that is an unregistered written-off vehicle is to be sold by a motor dealer, other than by auction, to a prospective buyer (the buyer).
    (2) Before the motor dealer sells the vehicle to the buyer, the motor dealer must tell the buyer that the vehicle is a written-off vehicle and state—
    (a) if the vehicle is a repairable write-off—that the vehicle is a repairable write-off and must pass a written-off vehicle inspection under a regulation under the Transport Operations (Road Use Management) Act 1995 before it can be registered; or
    (b) if the vehicle is a statutory write-off—that the vehicle can not be registered.
    Maximum penalty—200 penalty units.
    (3) The motor dealer must also ask the buyer to sign an acknowledgement, printed in type no smaller than 12 point, that—
    (a) identifies the used motor vehicle as a written-off vehicle; and
    (b) states whether the vehicle is a repairable write-off or a statutory write-off.
    Maximum penalty—200 penalty units.
    (4) The motor dealer must—
    (a) give the original of the acknowledgement to the buyer; and
    (b) keep a copy of the acknowledgement.
    Maximum penalty—200 penalty units.
    "
    Note: This section was previously section 294B of the Property Agents and Motor Dealers Act 2000 (Qld).
     
    rebeccag likes this.

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