QLD Roadworthy Fraud in Private sale

[Brendan Williams]

Hey guys,

I recently bought a 4x4 Holden Colorado from a private seller, $12800. Took the car for a test drive the week prior and nothing seemed wrong with it, no funny noises and everyone seemed to run alright. I’m not too mechanically minded so from my own look it seemed alright. It was advertised as in full working condition and seller got a roadworthy prior to the sale. A couple days later I take it to the mechanic for a service to check as brakes were noisy and no good news. Rear brakes were fully gone, tail shaft out of alignment with broken tail shaft bracket, and no EGR cooler at all, among plenty of other things required for the roadworthy certificate. Just a rough quote from the mechanic says $5000-8000 just to get the car roadworthy, and more on top for other things that need fixing. Roadworthy certificate was only issued 9 days ago so there’s no way either the seller didn’t know about these issues, or the company that issued the roadworthy. The car is within the 2 months/2000km for when the roadworthy expires. I’m not entirely sure of my best course of action here, but I’m going to QLD transport main roads for advice and asking here too. Ideally, I would get either the seller or mechanic who issued the fraudulent roadworthy to pay for the repairs but I’m not sure I have any standing for that. The fraudulent roadworthy is clean, no issues with brakes, driveline or emissions, and was issued 2.5 hours from where I live.

What are my options?
Can I get a refund from the seller?
Can the seller/roadworthy company pay repair costs?
Any advice is greatly appreciated.

Regards,

Brendan

 

[Tim W]

A private seller does not have warrant a car in the same way a dealer does.
Sure, they have to deal with you fairly and honestly as part of the general law of contract,
but frankly, you have no evidence that anything was wrong at the time you bought it.

Further, a seller (acting honestly) is entitled to rely on the competence and integrity of the mechanic who signed the certificate.
In simple words - the seller can take the mechanic's word for it as to the condition of the car.
Bear in mind also, that a vehicle can be sound, or even roadworthy,
even if many of its parts are used/ worn and/or close to needing replacement,
but still "good enough" when inspected.
It can be helpful to understand that a RWC is not
a certificate that a vehicle is in as-new condition,
nor is it a statement that the vehicle is wholly defect free.

Further, even if the mechanic was dodgy, you have no evidence of that.

Further, you could have had it checked, before you bought it,
by somebody who knew what they were looking at.
But you didn't. That's on you.

Bottom line - consider bringing an action in QCAT against the mechanic and the seller jointly and severally.

 

[m2316]

Speak to QLD Transport quickly, I've been in a similar situation and QLD Transport can take action against the mechanic, but from memory it's has be within 30 or 60 days, something like that. I waited too long in my case...

 

[Mati]

A private seller does not have warrant a car in the same way a dealer does.
Sure, they have to deal with you fairly and honestly as part of the general law of contract,
but frankly, you have no evidence that anything was wrong at the time you bought it.

Further, a seller (acting honestly) is entitled to rely on the competence and integrity of the mechanic who signed the certificate.
In simple words - the seller can take the mechanic's word for it as to the condition of the car.
Bear in mind also, that a vehicle can be sound, or even roadworthy,
even if many of its parts are used/ worn and/or close to needing replacement,
but still "good enough" when inspected.
It can be helpful to understand that a RWC is not
a certificate that a vehicle is in as-new condition,
nor is it a statement that the vehicle is wholly defect free.

Further, even if the mechanic was dodgy, you have no evidence of that.

Further, you could have had it checked, before you bought it,
by somebody who knew what they were looking at.
But you didn't. That's on you.

Bottom line - consider bringing an action in QCAT against the mechanic and the seller jointly and severally.

Do you think that QCAT will accept it from a private trade? I am having the same issues and I would like to know If I can still apply to QCAT in this scenario.

 

[Mati]

Speak to QLD Transport quickly, I've been in a similar situation and QLD Transport can take action against the mechanic, but from memory it's has be within 30 or 60 days, something like that. I waited too long in my case...

Hey! What was the final output from Main roads? I sent a complaint form to them and still waiting from them answer. What have they done when you applied for them intervention?