NSW Private car purchase

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Loungey

Member
11 November 2020
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0
1
I just bought a 2nd hand car that appeared to be in good condition it was test driven and went well. I was told the car had recently had a new heavy duty clutch put in and was recently serviced by the owners mechanic father so no paperwork. I paid for the car in cash and 5hrs later the gearbox has seized and I can not move it and will have to get it towed and repaired do I have any legal rights to either get a refund or have the seller pay for the repairs ?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,131
833
2,894
Sydney
The private purchase of a car is not a transaction to which the Australian Consumer law applies.
So, the answer to your question, in the way you mean it, is "no".

That said, both parties to a sale do have a duty to deal fairly and honestly with each other,
as part of the general law of contract.
However, there are a great many ifs and bits and unlesses and exceptions involved.

We get asked this question a lot here.
I recommend a keyword search of the archives for the many previous posts about this sort of thing.