Hi,
We recently bought a car privately in NSW. We live in ACT.
The ad said the following:
toyota mr2 gt turbo this car is a real head turner .its a regrettable sale .i have put a lot into it .12k spent .fully checked and maintained by a licenced mech.anything worn has been replaced .new plugs new leads .new coil.good treat on tyres etc etc.
for sale sw20 gt turbo mr2 | Cars, Vans & Utes | Gumtree Australia Campbelltown Area - Eschol Park | 1179537865
We also had further emails with the seller - here are the main ones:
From: mark via Gumtree <
Sent: Wednesday, 11 April 2018 7:39:23 AM
To:
Subject: Re: Dwayne replied to your ad "for sale sw20 gt turbo mr2 "
ive had a mechanic go from nd to end on this car and replace anything that even looked worn .it drives like new .its a great car .the paint is new .i put a new stereo and amp in it .its worth 15 .u would get a bargain .
---------- Forwarded message ----------
From: mark via Gumtree <
To:
Cc:
Bcc:
Date: Wed, 11 Apr 2018 07:37:02 +1000
Subject: Re: Dwayne replied to your ad "for sale sw20 gt turbo mr2 "
mate it driven every day never misses a beat .truth is i listed it at 15k .hard to find a buyer for this type of car quickly and i need it gone quickly as i need the money .having a hard time financially .otherwise i would never sell it .they r quickly becoming a collectors car. i think the air con needs regasing and thats all thats needed
We then looked at the car, had a short test drive and then based on his information, purchased the car. We did not even make the 2.5 hours home without signifcant issues. We had the car looked at and it needs significant work to meet road worthy standards.
We emailed the seller and here is his response:
Hello Mark,
I am writing to you as there have been some major issues with the vehicle that were not disclosed by yourself during the purchase as I was told the car drives like new, and never misses a beat which I have came to be aware was false information.
We barely made it back to the ACT due to mechanical issues that became obvious after the car had been running for over 30 minutes on the open road. The vehicle also has extremely unsafe breaks which make the vehicle dangerous to drive once they are warm. Also after inspecting the vehicle while on a hoist it was made apparent that the catalytic converter had been illegally removed breaching EPA laws.
In light of these issues I am seeking a refund from yourself for the sum of $2500 to cover the repairs to make the vehicle roadworthy and be close to the original representation that it drives like new and never misses a beat as this was the deciding factor for me purchasing the vehicle at the amount we agreed to.
I have done some research into the matter and am aware that Australia Common Law states "private sellers are also bound by common law contract requirements. In particular, private sellers can be liable for misrepresentations they make about the vehicle that the buyer relies upon"
I would appreciate a response within 48 hours from yourself.
Regards,
Dwayne
Hi Dwayne . firstly let me state that i have not given any false information . while i owned that car it never missed a beat .was driven daily .most weeks to picton and back (nearly a two hr trip ).the brakes would have approximately 5000 klms on them .and worked perfectly .and the car drove like new in my opinion .on that point ..u drove the car before u paid for it and when u returned u made a comment about how happy u were with it .then proceeded into my house to give me the agreed purchase price .while u were driving the car your wife and i discussed the value that you were getting .we both agreed that the market value was $12500.00.in regards of the catalytic converter .you have had the car for 9 days .you tell me all these things have gone on and im afraid i find it hard to believe given my experience with a hassle free car that was great to drive for nearly a year that i owned it .i believe that if you had trouble getting it home that i would have heard about it a lot sooner .im sorry t o hear that you are having trouble with it .but it was most definately in great condition when i sold it to you. im not a car dealer but i do know that they wouldn't give warranty on a car over 10 yrs old .it was with good concience that i sold you that car and 9 days ago you agreed that it was a great car .whats happened between then and now has nothing to do with me. and as such i accept no responsibility. i can produce many witnesses that know that car well that will agree to its condition while i owned it. furthermore i do not appreciate your disparaging comments in regards to my character. i have not mislead you in anyway .or given any false information.
Given this information would we have any legal standing to pursue this matter?
Thank you in advance for your assistance!
We recently bought a car privately in NSW. We live in ACT.
The ad said the following:
toyota mr2 gt turbo this car is a real head turner .its a regrettable sale .i have put a lot into it .12k spent .fully checked and maintained by a licenced mech.anything worn has been replaced .new plugs new leads .new coil.good treat on tyres etc etc.
for sale sw20 gt turbo mr2 | Cars, Vans & Utes | Gumtree Australia Campbelltown Area - Eschol Park | 1179537865
We also had further emails with the seller - here are the main ones:
From: mark via Gumtree <
Sent: Wednesday, 11 April 2018 7:39:23 AM
To:
Subject: Re: Dwayne replied to your ad "for sale sw20 gt turbo mr2 "
ive had a mechanic go from nd to end on this car and replace anything that even looked worn .it drives like new .its a great car .the paint is new .i put a new stereo and amp in it .its worth 15 .u would get a bargain .
---------- Forwarded message ----------
From: mark via Gumtree <
To:
Cc:
Bcc:
Date: Wed, 11 Apr 2018 07:37:02 +1000
Subject: Re: Dwayne replied to your ad "for sale sw20 gt turbo mr2 "
mate it driven every day never misses a beat .truth is i listed it at 15k .hard to find a buyer for this type of car quickly and i need it gone quickly as i need the money .having a hard time financially .otherwise i would never sell it .they r quickly becoming a collectors car. i think the air con needs regasing and thats all thats needed
We then looked at the car, had a short test drive and then based on his information, purchased the car. We did not even make the 2.5 hours home without signifcant issues. We had the car looked at and it needs significant work to meet road worthy standards.
We emailed the seller and here is his response:
Hello Mark,
I am writing to you as there have been some major issues with the vehicle that were not disclosed by yourself during the purchase as I was told the car drives like new, and never misses a beat which I have came to be aware was false information.
We barely made it back to the ACT due to mechanical issues that became obvious after the car had been running for over 30 minutes on the open road. The vehicle also has extremely unsafe breaks which make the vehicle dangerous to drive once they are warm. Also after inspecting the vehicle while on a hoist it was made apparent that the catalytic converter had been illegally removed breaching EPA laws.
In light of these issues I am seeking a refund from yourself for the sum of $2500 to cover the repairs to make the vehicle roadworthy and be close to the original representation that it drives like new and never misses a beat as this was the deciding factor for me purchasing the vehicle at the amount we agreed to.
I have done some research into the matter and am aware that Australia Common Law states "private sellers are also bound by common law contract requirements. In particular, private sellers can be liable for misrepresentations they make about the vehicle that the buyer relies upon"
I would appreciate a response within 48 hours from yourself.
Regards,
Dwayne
Hi Dwayne . firstly let me state that i have not given any false information . while i owned that car it never missed a beat .was driven daily .most weeks to picton and back (nearly a two hr trip ).the brakes would have approximately 5000 klms on them .and worked perfectly .and the car drove like new in my opinion .on that point ..u drove the car before u paid for it and when u returned u made a comment about how happy u were with it .then proceeded into my house to give me the agreed purchase price .while u were driving the car your wife and i discussed the value that you were getting .we both agreed that the market value was $12500.00.in regards of the catalytic converter .you have had the car for 9 days .you tell me all these things have gone on and im afraid i find it hard to believe given my experience with a hassle free car that was great to drive for nearly a year that i owned it .i believe that if you had trouble getting it home that i would have heard about it a lot sooner .im sorry t o hear that you are having trouble with it .but it was most definately in great condition when i sold it to you. im not a car dealer but i do know that they wouldn't give warranty on a car over 10 yrs old .it was with good concience that i sold you that car and 9 days ago you agreed that it was a great car .whats happened between then and now has nothing to do with me. and as such i accept no responsibility. i can produce many witnesses that know that car well that will agree to its condition while i owned it. furthermore i do not appreciate your disparaging comments in regards to my character. i have not mislead you in anyway .or given any false information.
Given this information would we have any legal standing to pursue this matter?
Thank you in advance for your assistance!
