QLD Is Current Owner of Car Liable for Repairs?

[Jasontanya]

Hi all, thanks for the forum.

I brought a 2nd vehicle privately. I never received a safety certificate to register and change ownership. I went to mechanic to get the safety certificate. He found the car has a blownhead gasket, so he can't get a safety certificate.

Is the current owner liable for repairs, so I can register and change owner certificate to my name, or refund?

 

[Sophea]

It is law that in Qld, you must supply a safety certificate when offering a vehicle for sale, unless the vehicle is unregistered. The seller can be fined for failing to do this. However I doubt it would make them liable for repairs to get the vehicle into roadworthy condition.

You may be able to sue them for breach of contract if they said that they had a roadworthy but didn't, or at common law for misrepresentation if they said that the vehicle was roadworthy when it wasn't.