NSW Pre purchase private sale vehicle inspection report failed to report major faults

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HEB18

Member
30 June 2020
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0
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Hi everyone

I purchased a second hand vehicle from a private seller in NSW for $11,500. Prior to purchase I did the checks for finance owing, write off, etc. Which all came back clear. I also paid a mechanic in NSW to inspect the vehicle and provide a pre purchase inspection report for $200.

I received the basic, no detail report which showed front break pads needing replacement, and a scratch to the rear bumper. No other issues. Happy with the report I purchased the car.

Three weeks later I noticed multiple issues with the cars electronics, steering and the engine light had come on. I took the car to my mechanic. $4,000 later the first part of the repairs have been completed, with the engine light needing further investigation.

The previous owner claims he had no knowledge of the problems, or that he had sold me a lemon. I wrote to the inspection workshop, requesting a refund as they failed to alert me to any mechanical faults with the vehicle. They declined and sent me an engine diagnostic report detailing several failures reading for the car upon their inspection. This report was never provided to me? Had I had seen such issues upon receiving the report I wouldn’t have purchased the vehicle.

I understand buying cars second hand privately can be a risk, however I feel I did pay a company to provide me with a service which they failed to send me the second part of their report? And now I’m left with a huge mechanics bill and ongoing issues.

Can you please advise on my rights here? The inspection workshop won’t even refund the cost of the inspection.

I am considering small claims court. Appreciate your advice.
 

Atticus

Well-Known Member
6 February 2019
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Did the inspection agreement include an engine scan report? .... Perhaps a basic report does not. Did the service say that they had sent the engine scan report? ... Were the problems that later occurred directly related to the fault codes flagged on the scan report?

If it's anything like building inspectors, there is usually some disclaimer on the agreement as well... Going to be difficult to make a successful claim I think... Have you approached consumer affairs about it?
 

HEB18

Member
30 June 2020
3
0
1
Thank you for the reply. The inspection had no ‘agreement’ on their website they offer pre purchase inspections, I can’t find any actual information on what is specifically included. They didn’t say they had sent it, it was only attached it to their initial response to my complaint. Why run a report on the day of inspection with no intention of telling the customer the results of that report? The problems are a mixture of those faults on the report and other issues not reported..

Surely they have a duty of care to report anything they find wrong with the vehicle, especially to someone paying them for that information. The report had over 10 faults listed from the engine scan. Some of the issues make the car unsafe and unroadworthy.

I haven’t approached consumer affairs. Do you suggest ACCC or NSW Fair Trading?
 

Atticus

Well-Known Member
6 February 2019
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They didn’t say they had sent it, it was only attached it to their initial response to my complaint.
So the basic report you received was via email I assume? ....

NSW fair trading would be my next step. They may be able to help mediate a resolution.

Small claims you will need enough evidence to satisfy a magistrate on the balance or probabilities principal that the scan report was never sent to you initially. Possibly more trouble than it's worth for $200, your call.
 

HEB18

Member
30 June 2020
3
0
1
Yes via email attachment, no engine diagnostic report was initially sent to me.

Well my view is that if the report or information provided in the report was given to me in the first instance I would have never gone ahead and purchased the vehicle, and therefore wouldn’t be out of pocket for $4,000.. so I would make a claim for part of reimbursement partial repairs cost aswell as refund of the inspection cost.
 

Atticus

Well-Known Member
6 February 2019
1,060
168
2,394
Well my view is that if the report or information provided in the report was given to me in the first instance I would have never gone ahead and purchased the vehicle, and therefore wouldn’t be out of pocket for $4,000.. so I would make a claim for part of reimbursement partial repairs cost aswell as refund of the inspection cost.
I expect they may offer to pay back the inspection cost if you pursue it, perhap even just though fair trading.... As for being held responsible (in part) for the repairs, that's going to be difficult to satisfy a magistrate I think.