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NSW REVS Check - Car Previously Written Off but Not Told When Purchased

Discussion in 'Australian Consumer Law Forum' started by don_sja, 25 May 2015.

  1. don_sja

    don_sja Member

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    I generated a certificate on REVS ( REVS check) to get prepared to sell my current car and found out the car was written off in VIC in 2010 (and I bought it in Mar 2011 in NSW) due to flooding.

    The dealer did not mention that the car was written-off, in fact, I asked him face-to-face before buying whether the car was written-off and he said no, and a dealer would always check that before buying/selling. The contract that I have does not state the status of the car, whether it was written off or not. The contract does say by signing it, I agree to terms and conditions attached, which is not attached to the contract in fact. I do not have anything written by the dealer saying that the car was not written off but my friend purchased the car with me and he could recall him saying that it was not written off. Plus I bought the car for a clearly "non-written-off, 2 yo, second hand car price" for $18,500 while a brand new model would cost only about $21,500.

    I have contacted NSW Fair Trading, but it will take them 2 weeks to come back to me.

    Any suggestions on what else I could do now and what I should demand from the dealer in case he takes responsibility?

    Also, if I am selling the car privately, do I need to disclose that the car was written off? I would hate to lie to someone.

    Thank you so much :)
     
  2. Ivy

    Ivy Well-Known Member

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    Hi there,

    You did the right thing by calling NSW Fair Trading. Under Australian Consumer Law, there are certain consumer guarantees that apply to the purchase of goods and services. Motor dealers are bound by these guarantees. Additionally, motor vehicles bought from a dealer come with statutory dealer guarantees. However given that you purchased your car secondhand and have had it for three years, the dealer guarantees no longer apply to you.

    One of the consumer guarantees is that a good (i.e. your car) meets the description given by the salesperson. Given you have been lied to, you should be able to get a remedy from the dealer. Keep pursuing the matter through NSW Fair Trading.

    The list of consumer guarantees applies Australia-wide however NSW Fair Trading lists them on their website: Motor vehicle warranties - NSW Fair Trading

    When you sell your car, do not lie to the purchaser. You should list all relevant information about the vehicle in your advertisement and answer any questions from a prospective purchaser truthfully. Only a few of the Consumer Law Guarantees apply to private second-hand car sales, however if you lie or mislead a purchaser, they may still be able to pursue you under common law.

    Have a look at this blog post which gives more information about the laws that regulate second hand car sales (private and through a motor dealer): Faulty Second Hand Car? Your Options as a Buyer - LawAnswers.com.au Blog
     

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