VIC Faulty Car. After 6 months of ownership.

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Jjcurre

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25 March 2020
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So In November I brought my first car. I’ve never had much knowledge about how cars work or how to fix them that sort of thing. But I brought it through a private seller on Facebook in Melbourne. I didn’t ask a whole lot of questions about it but it was practically a brand new car. When I met up with him I asked a couple questions but nothing too specific. He told me the car has had no problems and so on. And then a couple days later I went to vic roads and got the car in my name. At first there was a problem as at one point the car became a ride off. I called the seller and he told me that the bumper had come off at one point or something. I then went back into vicroads and they said there was no problem with the car. I got it in my name and then a few weeks later I had to get the battery replaced. The car was barely starting and having troubles I took it too my local Hyundai to get serviced but they noticed it needed a battery and didn’t actually do the service. I got pushed into debt and was lucky enough to even be able to pay off the car but I was never able to get it serviced the passed few months. Then about early January the was a loud bumping sound on the front left wheel. I didn’t think anything of it but people started telling me it was obvious and loud. But I still couldn’t get it fixed. And then a few other little problems came with it but then Last week it broke down. Just out of the blue. No major problems like this beforehand. I don’t have insurance cause I cannot afford it. But I talked to one of my dads friends and he said that there was a bolt missing and it should be an easy fix. Then about an hour later after I left the car with him he sends my dad a lot of pictures of the inside of the car where a really poor welding job has been done. The alternator is barely on the car and from the sounds of it was honestly dangerous to drive. Now somehow the seller got a roadworthy a few days before I brought it but these broken parts on the inside where definitely a problem before I brought it. Is there anything at all I can do? Cause I’m trying to get it fixed now but there’s a possibility it’s unfixable. Literally any help would be good.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sad to say, you basically have nothing, and nowhere to go.

For one thing, a private seller does not have warrant a car in the same way a dealer does.
Sure, they have to deal with you fairly and honestly as part of the general law of contract,
but frankly, you have no evidence that anything was wrong at the time you bought it.

Second, a seller (acting honestly) is entitled to rely on the competence and integrity of the mechanic who signed the certificate.
In simple words - the seller can take the mechanic's word for it as to the condition of the car.
Bear in mind also, that a vehicle can be sound, or even roadworthy,
even if many of its parts are used/ worn and/or close to needing replacement,
but still "good enough" when inspected
.
It can be helpful to understand that a RWC is not a certificate that a vehicle is wholly defect free.

And even if the mechanic was dodgy, you have no evidence of that.

Third, you could have had it checked before you bought it, but you didn't.
That's on you. And so are the consequences.

Fourth, the cost of doing proper, reliable repairs, by a tradesman mechanic
(that is, an actual mechanic, not just your dad's mate who knows about cars)
might well be greater than the value of the car.

Lastly, and importantly...
Look, be sensible.
If you can't afford even Third Party Property insurance on the car,
then you can't afford to be driving it.
Suppose you're in an accident?
The slightest accident, expecially if it's your fault, will see you ruined financially,
when the insurer of any other car(s) involved come after you to get their money.
Which they will.
 
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