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ACT Seller Making Me Fix Car Damage - What to Do?

Discussion in 'Australian Consumer Law Forum' started by aziewah, 24 February 2016.

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  1. aziewah

    aziewah Member

    24 February 2016
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    A few weeks ago, I went to go test drive a car that I was looking at buying (they were asking for $3000 for it). On initial inspection, I noticed it wasn't in as good a condition as they stated in the ad (it had a few dents and scratches that had been rusted over).

    The car was parked in a rather awkward position up a curb and I was lead to believe that I would actually be the first person ever to move it from that exact position down a curb, as the way they got it there was now blocked. I told the owner of the car that I wasn't comfortable moving the car from where it was parked, but the owner told me that I should be fine.

    When I moved the car it got scratched on some rocks that I wasn't aware of. The owner decided that I had to either buy the car or fix it, I decided not to buy the car as it appeared to have an oil leak that would be expensive to fix and they also refused to get a roadworthy, which is only 60 dollars which they claimed they couldn't afford to get. They decided today that it will cost me $800 dollars to fix their car which I believe is extremely over priced for the amount of damage done. They also told me that if I wasn't happy with the price, they would get a solicitor to write it up.

    I personally think I am not fully to blame because I said to the owner I wasn't comfortable with moving the car, but also, I believe they are trying to fix all the other bumps and scratches on the car and make me pay for it. I am not really sure what I should do in this situation or what the best option is as there is no way I could afford the 800 dollars.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi, technically since you scratched it, you are liable for the damage. However $800 does sound excessive, and if they can't afford a roadworthy they can't afford a solicitor. I would wait and see if they actually act on their threats.

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