QLD Fraudulent care sale on Gumtree

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Mandukhai

Member
28 May 2017
3
0
1
Hi guys. I am just here for some advice! I am new here (first semester) and bought a car with RWC from a seller I had found on gumtree. It turns out that it has lots of problems; leaking around the engine, 6 spark plugs need to be changed, oil need to be changed, also an issue with break pads (another mechanic says). The couple who sold the car to me said that if i have any issues with the car within a month, I could return it and the car should last and just be fine within the 2 years of time that I am here. Well, now this couple is saying pretty much "f**k off" because it's a second hand car and that it should have issues. I paid for the car and another 500$ for the rego and insurance.

I don't know what to do now. I can't return it, can't obviously sell it. If i want to get it fixed, it will cost more than the car itself. Not even sure what to do with the rego and insurance money.

I can't even find the gumtree ad that was posted by them.

I will appreciate any kind of suggestions and advice please.
 

Lart

Well-Known Member
2 January 2017
22
1
124
Hi, Mandukhai. Firstly let me say that replacement of spark plugs and an oil change are not major problems, they are basically maintenance concerns that can be rectified fairly cheaply. If you inspected the Car before purchase then as a Private Sale the onus is on the Buyer to confirm that he is getting what he is paying for. If the Seller concealed faults or lied to you about the car, then you may have a case for fraud.

If the Seller offered you one months warranty, that will be hard to prove unless you have it in writing, or a witness heard the offer being made. I'm certain that more knowledgeable Members of this Forum may have other options for you, but realistically you may have to bear the cost of getting the Car fixed.

If the Car was sold with a RWC it is at least safe to drive, it would probably be cheaper to get brakes and oil leaked fixed, than to take Legal action.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
How do you get a RWC with an oil leak around the engine??

You may have a cause of action against the mechanic who issued the RWC as well as the owners.
 

Mandukhai

Member
28 May 2017
3
0
1
Yeah, exactly. That's what the other mechanic said. He said he was shocked that this car had a RWC. Becase he said "there is leakage" everywhere.

I begged for the owner to take it back for 500$ less than what I had paid him. He still says no.

With the examiner who did the RWC, I can't even locate him. And there was no phone number :(

Now asking road and transport office if it was possible to track this person with RWC number....

How do you get a RWC with an oil leak around the engine??

You may have a cause of action against the mechanic who issued the RWC as well as the owners.
 

Mandukhai

Member
28 May 2017
3
0
1
Yeah it's just that compared to the car's worth, all of this is "major"

I would have to pay more money to get everything fixed than the actual car's worth.


Hi, Mandukhai. Firstly let me say that replacement of spark plugs and an oil change are not major problems, they are basically maintenance concerns that can be rectified fairly cheaply. If you inspected the Car before purchase then as a Private Sale the onus is on the Buyer to confirm that he is getting what he is paying for. If the Seller concealed faults or lied to you about the car, then you may have a case for fraud.

If the Seller offered you one months warranty, that will be hard to prove unless you have it in writing, or a witness heard the offer being made. I'm certain that more knowledgeable Members of this Forum may have other options for you, but realistically you may have to bear the cost of getting the Car fixed.

If the Car was sold with a RWC it is at least safe to drive, it would probably be cheaper to get brakes and oil leaked fixed, than to take Legal action.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au