QLD What are my rights after selling a second hand car

Discussion in 'Australian Consumer Law Forum' started by Sue Arnold, 7 July 2018.

  1. Sue Arnold

    Sue Arnold Member

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    I sold my 2006 second car today. The new owner phoned later and said the engine light had come on 30 + mins down the road. I offered for him to return the car and I would give him, his money back. He said he would not return it, I would have to come get it from his home, which is about an hour away. Apparently the RWC which was done on the 6/07/2018 was dated the 25/06/18 and the brake test was the 6/7/18. So he believes something dodgy is going on. The road worthy guy just extended the road worthy from when it was first written out the 25/04/18. So he put the new one from the 25/06/18.

    I phoned again and said I had organised a tow truck to come pick it up as I could not drive there and drive both cars home. He would not give his address and said he wants to take it further. Now the new owner said he is taking the car to a mechanic on Monday the 09/07/2018 and anything wrong with it , I will have to pay for it. There was no light on when I had. So am I liable to pay for new repairs.
     
  2. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    I would say it's doubtful anything can be held against you. As with auctions, a potential buyer takes the car as is.
    Topics like this come up every now and again and usually it's the purchaser trying on something shifty.

    He won't give his address? The new owner's address should be noted on the Change Of Ownership form which should have been filled out in front of you.
     
  3. Sue Arnold

    Sue Arnold Member

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    oh yes it is. But can we just rock up and get car? I have contacted road worthy guy and he said no light was on. I was not present at time as at work. He is mobile road worthy. Do I have to pay for repair on engine light?
     
  4. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    Again I doubt he has any recourse. If he has bought and paid for the vehicle and can't prove that you misrepresented it in any way, any "problems" arising after the fact are his.
     
  5. Sue Arnold

    Sue Arnold Member

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    ok thanks very much for your help
     
  6. Rod

    Rod Well-Known Member

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    Make sure that most of this is in writing (pref email, but txt if necessary) else it becomes your word against his. Also write down events as they happen so you can refer back to them if needed.
     
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  7. Sue Arnold

    Sue Arnold Member

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    Thanks
    Yes I have done that. He has taken the car to get another road worthy certificate which came up with chips in windscreen and the sun block screen on back window is supposed to be affecting vision through back. Also the engine light came up that it was the fuel sensor which I looked up cost ( about $150). He said I was to pay for all this extra work - a new windscreen and fix the back window and fuel sensor. He threatened - You will pay. Now don't you avoid my calls now. Very scary.

    I asked the road worthy guy about the other stuff and he said the guy has to take the car back to him to check the windscreen and back window film and he ( the road worthy guy ) has to rectify the problem. Like me we didn't notice these chips in windscreen and the back window block out film.

    When we told him we are not liable for the extra stuff on the road worthy and the engine light came on after he bought the car, we are not liable for any cost. He got angry again and threatened he was taking the car to the Motor Registry Dept where they would impound it and we would pay for it all. I went to motor registry yesterday to put in transfer papers but was told not required as he had already transferred it.
    I am now waiting to find out what he is going to do next. I haven't heard from him since Monday afternoon when he said he was going to sue me for the costs incurrred. I expected when I got home from work on Monday and Tuesday he would be at my place as he has my address on the road worthy certificate and transfer papers.

    Thanks again for your reply,
     
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