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VIC Second hand vehicle purchased - engine trouble same day

Discussion in 'Other/General Law Forum' started by Maria Tran, 3 October 2017.

  1. Maria Tran

    Maria Tran Member

    3 October 2017
    Likes Received:
    Last week I purchased a car through finance from a private seller and on the day that I took it home, I experienced issues with the car not turning on, when I finally managed to turn it on it was jerking up and down the road and the car had difficulty getting past 50k.

    I called the owner and asked if he had ever experienced any of these issues and if he knew how to trouble shoot them, to which he said no, and seemed genuinely surprised. I took it to a mechanic who said that there was an issue with the gearbox and possibly the reason someone would sell a car. To replace it could cost over $4,000 but my mechanic has suggested that Ford could probably do a better deal since it’s an issue with the parts. The car is a 2010 Ford Fiesta purchased for $8,500.

    The seller has told me that he was not aware of this issue. My mechanic has pointed out that the RWC might have been completed by a brother since they both shared the same last name. Of course this could be a coincidence.

    I am still yet to pay the stamp duty and get the name transferred, which I’m reluctant to now do so I am wary of proceeding with any works as the car is still registered under their name.

    Would it be a reasonable ask to return the car, who would wear the cost of the towing? Should I request that the seller cover half of the cost to repair the issue, if not all of it? I don’t want to be unfair or unreasonable, but I have paid for a car that I was told had no issues, only to discover a major issue the day that I pick it up.

    Any advice would be greatly appreciated.

    Thank you
  2. Tripe

    Tripe Well-Known Member

    22 May 2017
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    I don't think you can do to much, it's up to you, to check if the vehicle is mechanically sound.

    Caveat Emptor

    The only avenue you have, is to prove the private seller had knowledge of the fault in the vehicle and they deliberately mislead you during the purchase process.

    A judge takes no notice of hard luck stories, so you need objective evidence to prove your case
  3. Clancy

    Clancy Well-Known Member

    6 April 2016
    Likes Received:
    Legally there is not much you can do.... however, it never hurts to ask, so by all means make the request you suggested to make!

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