VIC Purchased a Used Second Hand Vehicle - Australian Consumer Law Help?

Discussion in 'Australian Consumer Law Forum' started by Nicola Foster, 14 November 2018.

  1. Nicola Foster

    Nicola Foster Member

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    Hello

    I entered in a purchase under my business name while residing in Victoria to a licensed NSW motor dealer for a 1977 Kombi transporter. The Kombi was purchased for $33,510 and would be used to drive to meet and greet clients and also for private use for kids sports and family holidays.

    The dealer refurbishes the Kombis and the agreement was that he would supply it to me in roadworthy condition with a NSW blue slip. I would pick it up and drive it from NSW to Victoria and get it registered in Victoria.

    My complaint under Australian Consumer Law is that the vehicle was not of acceptable quality when I received it as it was not safe to drive. It broke down within 4 hrs of picking it up and I had to get it towed to a registered VW Mechanic in Gosford NSW who informed me not drive it as it would be dangerous to do so.

    The dealer has been difficult and unprofessional during the process. He took the vehicle back to address the issues but in the end it was still unroadworthy and dangerous to be on the roads when I finally got the vehicle back.

    I had to get it transported down to Melbourne .

    In Victoria It cost me $4500 to get it roadworthy and compliant to be safe for driving.

    We entered into mediation with Fair Tade NSW to ask the dealer to pay for the roadworthy costs but he refused to have anything to do with it.

    I am currently at the stage of putting an application in to Civil Claims and would like to know if I could go through VCAT rather than NCAT?

    Considering, I was in Victoria when entering into the deal and all payments were made while I was in Victoria I thought i might be covered in Victoria to make this claim and therefore could apply through VCAT?

    Any help on this would be appreciated.
     
  2. Scruff

    Scruff Well-Known Member

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    Many contracts will actually state which jurisdiction applies, which in this case would more than likely be NSW. So if you have a contract, read the fine print first.

    If you don't have a contract or can't find anything in it, then try giving VCAT a call. It's a simple question about jurisdiction (seller in one state, buyer in another), so I'd be surprised if VCAT couldn't answer that over the phone.

    With that said, I do have to ask ...

    Why did you pay $33,510 for a 40 year old kombi - roadworthy or not? CarsGuide lists them as having a market price of $2,640 to $4,070. Even a top of the line 2009 model (the last model they list) has a market value of only $14,080 to $18,590. The price you paid doesn't make any sense at all to me - particularly for the condition it's in.
     
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    #2 Scruff, 15 November 2018
    Last edited: 15 November 2018
  3. Nicola Foster

    Nicola Foster Member

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    Thanks I did give VCAT a call they couldn't give me a definitive answer.

    To answer your question Kombis sell fo far more than that. Mine is a 1977 Delux automatic transporter in very good condition apart from road worthy issues, with reconditioned engine and new leather interior etc. The one for sale here is worth less than mine as automatic delux model is more valuable. There is whole market out their for these classics.

    https://www.carsales.com.au/cars/volkswagen/kombitransporter/

    Here's a pic of mine.
    [​IMG]
     
  4. Scruff

    Scruff Well-Known Member

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    Wow that's a big image! Took forever to load! ;)
    That one looks brand new. If the one you bought looks anything like that then I guess it would explain the price.
    Pity they didn't do the mechanics properly when they did the restoration.

    Okay, so back to your question. You tried VCAT with no joy. I guess you could try a Community Legal Centre - might as well get some free advice on any other questions you have while you're at it.
     
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  5. Nicola Foster

    Nicola Foster Member

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    I appreciate your help.
     
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