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WA Purchased Car - Refund Policy on Gumtree?

Discussion in 'Australian Consumer Law Forum' started by Dave92, 2 October 2014.

  1. Dave92

    Dave92 Member

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    Hi All,
    1 month ago I bought a car from someone I contacted via classifieds site Gumtree. I ended up buying the car although the guy seemed a bit dodgy.

    Turns out my rego expired 2 days ago and I can't pay it. As the Department of Transport - Driver and Vehicle Services Perth receives my transfer papers, they sent a letter to the person I bought the car from saying he didn't pay the transfer into his name, therefor he is not the legal owner. He has since been ignoring requests from DVS, but I have been in contact with him. He says that getting my money back is not an option and that he will sort it in his own time. I have a family to support and a job to get too.

    Is there a Gumtree refund policy under Australian Consumer Law? Could I take him to court to get my money back? If not, what can I legally do?
     
  2. CathL

    CathL Well-Known Member

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  3. Sarah J

    Sarah J Well-Known Member

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    Hi Dave92,

    I suggest giving the seller a period of time, say 30 days, to rectify title. This should be done in writing. Write in the letter that if he does not rectify the title issue within this period, you may initiate court action with no further notice.

    Then after the expiry of notice, you can initiate action for breach of contract (there is an implied term in every sale that the seller passes good title to the buyer) and/or misrepresentation (that the seller represented to the buyer that he had good title in the car and would be able to pass this title on to the buyer) and/or any legislation (including the Sale of Goods Act (WA) : s 12). Depending on how much the purchase price was, you may be able to bring this matter before the Magistrates' Court.
     

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