VIC Sold Car Privately - Buyer Threatening Legal Action?

Discussion in 'Australian Consumer Law Forum' started by Timotheus, 13 June 2018.

  1. Timotheus

    Timotheus Member

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    3 days ago, I sold my car privately to a person who lives roughly 200 kilometers away. The buyer came 6 weeks ago to test-drive the car and to check it out. I wasn't at home so my wife gave him the keys and answered the questions.

    My wife asked the buyer how he went with driving the car and if the 5th gear dropping out occasionally would bother him. He just replied that the motor was a bit noisy. He rang me some days later and offered me $12,000 (I initially wanted 14,900). He explained his cheap offer to being just a basic model and other little thing.

    First I said no, that is not enough money, but (due to my financial situation) I rang him a few days after to negotiate again and we agreed on $12,500. The buyer deposited $100 into my bank account, so I went ahead with the roadworthy certificate. On the day when he came to pay and pick up the car he complained about a dent on the side of the car. I could prove that it was an old dent and told him that he should have seen it.

    In the evening, he suddenly rang me and complained about the 5th gear dropping out and that it would be a safety issue. I replied that my wife informed him about the defect earlier and that he did not bother about it. He now wants me to give him money back or repair the gearbox and threatens to take legal action.
     
  2. Lucaslly97

    Lucaslly97 Well-Known Member

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    In my point of view, while you don't have proof of "My wife asked the buyer how he went with driving the car and if the 5th gear dropping out occasionally would bother him. He just replied that the motor was a bit noisy." He doesn't have proof of the vehicle not being destroyed after his purchase.

    After all, it was roadworthy which allowed you to sell your car so he shouldn't have a reason to say it is a safety issue since it is legally safe to be on the road.

    Now unless he can proof that the gearbox is broken before hand, I don't think he even stands a chance to get his money back. If he can do that somehow, I would insist that it was part of the agreement and that the car still functions properly.

    It would be useful to know what you mean by dropping out in 5th gear though.
     
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  3. Timotheus

    Timotheus Member

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    One day after he bought the car, he rang the mechanic who did the RWC and told him that the 5th gear is dropping out (it jumps into neutral when releasing the accelerator). According to the buyer that is a safety issue and should have been picked up by the mechanic who did the RWC. The mechanic agreed to that - according to the buyer.
     
  4. Lucaslly97

    Lucaslly97 Well-Known Member

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    It’s still doesn’t conflict anything.

    If the mechanic knows that this issue existed, he wouldn’t have given out the green slip because he agreed to what the buyer said according to you and that is that it is a safety issue.

    That said, the mechanic issued the RWC without knowing the issue which suggests to me that your buyer wouldn’t be able to find proof from him about the gearbox issue being an issue prior to his purchase of the vehicle.
     
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  5. Lucaslly97

    Lucaslly97 Well-Known Member

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    Edit: not green slip but pink.
     
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  6. Timotheus

    Timotheus Member

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    Thank you very much.
     
  7. Clancy

    Clancy Well-Known Member

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    The gearbox problem is a safety concern, but it is not something the standard pink slip checking would normally detect.

    What you probably should have done, was to detail the defects in a written receipt and note the discount in price applied as a result of those defects and get him to sign your copy, and take a picture of his drivers license next to that signed receipt.... let's see him get around that?
     
  8. Lucaslly97

    Lucaslly97 Well-Known Member

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    But the car was sold and the buyer is now trying to claim money back due to these defects, how would he sign that receipt?
     
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  9. Clancy

    Clancy Well-Known Member

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    "should have done"

    But in reality did not do, and now the situation is less clear? It is the fact that the OP is being honest about prior knowledge of the gearbox defect and possibly not being able to 'prove' they informed the buyer.
     
  10. Timotheus

    Timotheus Member

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    I really hope he is not continuing with his psycho terror.
    I would probably give in just to shut him up.
     
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