NSW Sold Car on Gumtree - Where Do We Stand?

[Shiva Bichuka]

I sold my ex-partner a second-hand car on Gumtree as she is not aware of online selling as a private sale last month September 2016. We asked buyer to get the mechanic and get the car checked before she buys as my partner was driving everyday and she didn't had any problems (2003 Model Citrion) and after the sale about 5 days later, the buyer went to her mechanic and he said there is a problem in the engine and need to get fixed which will cost $2000.

We sold the car for $1700 with 3 months Rego on it. And from that day the buyer is harassing over phone, text messages etc and recently we received a letter from buyer demanding a refund.

So does the private sale also need to be covered under warranty as we clearly mentioned the buyer to get the mechanic and check the car but they haven't and had a test drive and paid the money.

So what is my position now under Australian Consumer Law? Have we committed any crime here and what are our rights?

 

[Sophea]

Hi Shiva,

Private sales through gumtree or similar are not covered under the Australian Consumer Law, so no there are no warranties given by the seller. It's a case of "buyer beware" which means that the buyer must conduct any necessary inspections or assessments of the vehicle before they decide to purchase it.

Once they have purchased the car, they have no right to come back to you to fix anything or ask for a refund, as long as you didn't lie about anything to induce them to buy the car.

 

[Shiva Bichuka]

Hi Sophea

Thank you for the reply and we didn't lie anything about the car. If we knew there were problems, why would we ask her to get mechanic and check before purchase, and yesterday she came with one of her friend who introduced us as a problem solver. Rather than doing that, he even tried to threaten my ex-partner, saying you are already going through separation and want to face legal action, which would cost 10K. And also, today we went to the Police station regarding this and they said it would be better to go to local court and file a report as it is civil matter.

And he was also saying that car is not even worth $100 and they have shown me a mechanic quote saying suspension, thermostat tyeares, etc which is costing around $1710. And when we called our mechanic, he said he can assure that it doesn't have that many issues. He also said they shouldn't forget it's a 13-year-old car. And he is ready to come to any court.

 

[Sophea]

Hi Shiva,

I would just simply refuse to agree to anything or to pay anything to the purchaser. Explain to him that he should have made those enquiries before purchasing the car and the car was purchased as is. Tell him you have received legal advice that you have no obligation to fix or provide any remedy to him for the issues he has highlighted with the car.

This happens commonly. If he tries to take you to court, you can explain your side of the case and if you win, the court may order that he pays your legal costs. Don't give in to his threats - just continue to be firm and he will hopefully go away.

 

[Shiva Bichuka]

Hi Sophea

Thank you for the help and yesterday, we went Conciliation with NCAT (NSW) and there the person who was handling our case said both parties can go and negotiate and in that we agreed to pay her $300 because I had to take permission from job for 4hrs which cost me $120.

When we went for hearing, the judge said one main point, as this is a Private sale, he can't order me to pay any loss or damage which the car has as it doesn't come under his jurisdiction and the opponent was trying to say that she went to local court and they advised her to go to NCAT. They also said they can't do anything. So finally, we won the case and he also advised her I have to dismiss the case.