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VIC Seller Obligations for Unregistered Vehicle?

Discussion in 'Australian Consumer Law Forum' started by George, 10 October 2014.

  1. George

    George Member

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    Are there any legal obligations for a private car seller of a used unregistered vehicle under Australian Consumer Law? The buyer purchased it and has discovered some problems getting it registered and is not trying to hold the seller responsible. There were no written or implied warranties or guarantees, and the price was reduced as the buyer wanted to do the work himself.

    ---
    George again. I meant to say they are NOW trying to hold me responsible.
     
  2. Michael T

    Michael T Well-Known Member

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    Hi @George,
    Did you provide the buyer with the following (as set out on the VicRoads "Sell an unregistered vehicle" page)?
    "Provide proof of purchase to the buyer
    Give the buyer a receipt as proof of purchase and ownership of the vehicle. The receipt should be dated and include:

    • your name, address and signature
    • the buyers name and address, and
    • vehicle's details such as Vehicle Identification Number (VIN), engine number and make and model."
    If you provided what VicRoads requires, then I can't see how they're having problems getting the car registered.
     
  3. George

    George Member

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    Thankyou Michael T. It is a vehicle that has had some modifications which I believed to be compliant. Now that it needs to be re-registered problems have arisen. I sold the vehicle in good faith and reduced the price to reflect that it would need some work. There were no warranties but I want to be sure of my legal obligations.
     
  4. Michael T

    Michael T Well-Known Member

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    Well if you made them aware of all the issues, provided the proof of purchase as mentioned above, and reduced the price accordingly for the work to make it compliant, then it seems you've done what was necessary to sell an unregistered vehicle.

    If they were purchasing a registered vehicle, it would be a different story as you would have been required to provide a road worthy certificate, a roadworthy isn't required for an unregistered vehicle. The only other thing I can think of is that when you made the modifications, you should have notified VicRoads, but they bought it unregistered and knew it required work, so they still bought with that full knowledge.
     
  5. George

    George Member

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    Thankyou again. It seems that the person who did the mods did not notify VicRoads and I was blissfully unaware of this. I have only been made aware now. I sold the vehicle (old and cheap) in good faith and am wondering where I stand regarding a matter about which I was unaware. The buyer did not do any due diligence, in fact they bought it sight unseen through a 3rd party and I made no statements about compliance. It was just assumed that as it had been registered, that it was OK, but I did not make claims to this effect.
     
  6. Michael T

    Michael T Well-Known Member

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    Sounds like a case of buyer beware - they bought it unregistered, no roadworthy required. Your position would be that they took the risk when they bought old and cheap and unregistered.
     

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