NSW Privately Sold Car - Entitled to Give Refund under Australian Consumer Law?

[a_migrating_seal]

Hi,

I have sold my 15year old car recently. Before the person came to inspect the vehicle, I told him that the car has a transmission issue and he was still happy to proceed. The next day he came for inspection and test drive. I told him my ownership history and any problems I know of, that are related to the car. I also indicated that some parts have been modified. The person inspected the vehicle, took it for a test drive and was still happy to purchase it.

The next day I drove the car 35Kms to his place to drop it off and complete the sale, all the gears were working. Once I dropped off the car, I went on my way home. The same day about 6 hours later, he called and said that the reverse gear doesn't work and the car rolls. He said that he needed some money for the repairs and requested $700. I gave him the 700. About a day later he calls back saying that there is too much repairs and he wants his money back. He is continuing to call and argue with me. I stopped picking up his calls as I feel nervous and a little bit scared.

The car is no longer under my name, and he was still happy to purchase the car even though I told him about the problems. Am I entitled to give his money back under Australian Consumer Law? And what do I do if he shows up at my address?

 

[JS79]

Migrating Seal,

The fact that he has bought your car privately means that he has no protection under the Australian Consumer Law, as it does not cover cars that brought privately.

He may be able to take you to the magistrate's court to try and obtain a refund, however what have you done to facilitate the sale and giving him $700 for repairs would look quite favourably on you.

 

[Ozwarlock67]

Agreed. In fact you should never have given him the $700. Once the sale is complete, the onus is on the buyer and you did not misrepresent the vehicle. He doesn't have a leg to stand on and is merely intimidating you.