NSW Help with Used Car Issue?

[jazzy55]

Hi all,

I will try and make this short.

I've purchased a 2nd hand car from a dealer and upon having an independent inspection there have been problems found. Now the dealer has agreed to fix these problems but further to that I have since found out that the exhaust has been modified and according to the governing authority in NSW any modifications that change the emission levels need a certification stating they fall within pollution regulations.

I'm guessing the previous owner may not have disclosed this but I ask should the dealer have found this or not upon their Roadworthy Certificate and therefore disclosed the information but also they would be selling an unroadworthy vehicle according to NSW Roads and Maritime Services. I know it will be very hard to return the car but is that grounds to do so?

 

[Tim W]

Was the vehicle sold on Form of Form 5?

 

[jazzy55]

yes a form 5 has been signed

 

[Tim W]

OK. Were there plates on the car at the time you bought it?

 

[jazzy55]

Yes they were on the car at time of purchase.

 

[jazzy55]

Yes they were on the car at time of purchase.

Also If told about the modification to the exhaust system I would have not purchased the car. This could be considered a minor problem and easily fixed but I'm considering it a major problem and would have changed my final decision. Would this give me grounds to see a return of goods or in good faith a "store credit" and being sourced a replacement car.

 

[Tim W]

Look at it this way... The "no warranty" thing, as per Form 5, does not operate to allow a dealer to sell a defective vehicle.
That's why vehicles with plates, when sold by a dealer, have to be sold with an Inspection Report ("Pink Slip").

Now, understand this. And read it all.
A dealer is entitled to rely on the competence and integrity of an Inspecting Officer (mechanic),
so far as the legitimacy of the Pink Slip is concerned.

That is, when the accusation from a buyer is something like
"You sold me a defective vehicle",
the dealer will typically say something like,
"Well, I sold it with a Pink Slip, as I am supposed to do.
If the Pink Slip was dodgy, then that's mechanic's bad, not mine".
Luckily for most buyers, this almost never stands up in NCAT.

The end result here is that, warranty or no, the dealer can sometimes be ordered (by NCAT)
to either repair, replace, or, refund on, the defective vehicle.
You have good prospects of getting an order to make good the defect(s).
But you don't automatically get a refund as your first choice,
just because you've lost confidence in the vehicle.

​

 

[jazzy55]

Yes good point the dealer can pass the buck to the mechanic and they are acting on his documentation that it is indeed road worthy. At the end of the day the vehicle is not compliant and that has repercussions for the dealer and myself in terms of defects or refused insurance due to undeclared modifications. Add to this it makes me believe there could have been other modifications that I’m not aware of...?
There are other issues that have been noted by an independent vehicle inspection that would make the car not pass its RWC.
I have drafted a letter and will see how I go, I’m willing to work with the dealer as to not let this go further but we’ll see how they react.
Thank you Tim for your valuable input, very much appreciated