Purchased Car with No Roadworthy Certificate - What to Do?

[Chayla]

I recently brought a car and the ad said it was great conditon and comes with a roadworthy certificate. I purchased this car and the man didn't give me a roadworthy certificate and said he will get me one.

The car is registered under his name still. It has been 3 months and he keeps saying he will organise for the car to be fixed and roadworthy certificate but nothing has happened.

I just spoke to him and he said he refuses to give me a roadworthy or my money back.

What can I do? The car is still in his name and I have already given him the full amount for the car which included a roadworthy certificate that I never got.

 

[Lance]

Hi Chayla,

I hope you have proof of the payment! Without rego papers and proof of payment / proof of purchase its his word against yours. He could claim any number of things.

First off work out what proof of purchase you have. If you took a friend to buy the car, get a statement. Once you have that you will need to prove that the purchase included the promise of RWC, so hopefully you still have the ad. I'm guessing this is a private sale and not from a car yard.

The following blog will tell you about your Australian Consumer Law guarantees as a private vehicle buyer and that the seller is also bound by a common law contract with you. https://www.lawanswers.com.au/blog/faulty-second-hand-car-your-options-as-a-buyer/