Need Legal Advice: Bought Defective 2nd Hand Car

BusySquare · 26-07-2008, 02:41 PM

Hey guys

Recently I bought a 2nd hand car from a private seller which broke down the day after the transaction. I did not get a mechanic to inspect the car prior to the purchase, which was my fault wholly, but I did inspect the more obvious and apparent parts of the cars such as tyres, engine oil, coolant etc which were reasonably good. He also assured me the car works perfectly fine and had no issues whatsoever.

However, it turned out that the very next day smoke was coming out of the bonnet and upon inspection at the mechanics, I was told the car had a blown head gasket, and would cost me another $1500 AUD to fix it.

I've text and called that guy several times but he's not picking up. Are there any legal actions I can take against him? I understand the statutory warranty only applies to car dealers so what are my chances of a case against him?

Thanks for the advice! Appreciate it~

BIGJB · 26-07-2008, 02:44 PM

Bucklies mate. How does the receipt for the car read??

snappy · 26-07-2008, 02:51 PM

hopefully the fella is nice natured he might come to the party. Half way at least .
There is a possibitly he has been unable to answer you backour you could knock on the front door.
Good luck

BusySquare · 26-07-2008, 03:04 PM

Arh..it dosen't cost alot, close to $4000. But it's the deception and false statements I got from him that gets to me. He is not responding to my calls either. Geez..

poolkeeper · 26-07-2008, 03:14 PM

How much and what car is it?

26-07-2008, 03:21 PM

What state are you in? Usually cars sold privately need a check of some sort before being sold, ie. Green slip/RWC etc. He's probably got a dodgy one, whatever it is.

It's very important that cars be checked over and if you don't have the skills to do it yourself, pay someone to do it. They're about $200 and worth their weight in gold. They'll usually find $200+ stuff wrong with the car that you can use to knock the price down.

The state you're in will influence the course of action you may be entitled to.

BusySquare · 26-07-2008, 03:28 PM

I'm in Canberra, ACT. Model's a Hyundai Lantra 97.

Yea I should have got that done to get a peace of mind.

**Falcon Coupe** · 26-07-2008, 03:39 PM

Quote:

Originally Posted by BusySquare

I'm in Canberra, ACT. Model's a Hyundai Lantra 97.

Yea I should have got that done to get a peace of mind.

Well if you did, you would not be here in this situation.

pitpal · 26-07-2008, 05:12 PM

No cooling off period when buying of a private seller. No warranty.

luke1501 · 26-07-2008, 05:36 PM

thats real unlucky but its buyer beware

gtfpv · 26-07-2008, 05:48 PM

been there done that . wore that too.
it happens everyday. fact of life . just wear it . if it was a 20 k car . there's a chance you still would need a couple of 000 to fix . .
2nd hand cars always need work . . and if you want reliability . fix it.
sorry to be blunt . but that is motoring .

asusdragon · 26-07-2008, 05:58 PM

yeah sorry mate but you signed to purchase the car. so you got nothing agianst the pervious owner. whenever buying a car get an rac check or whatever you have over there. had it down on my BA came back with the problem handbrake and car was ex rental. the owner got the handbrake fixed though ford and as for ex rental well that didnt bother me. so got everything done on the car by him before i brought it

26-07-2008, 06:01 PM

Without stating the obvious too much, dealers charge a premium over private because they have to warrant the car. Here the warranty lasts for 3 months/10,000km (pretty sure).

Private is cheaper because you're taking on a hell of a lot more risk. For some of us we negate the risk by using our mechanical skills to assess the car or we pay someone to do it. I'm afraid you did neither and were one of the few who got burned by taking on the risk.

Sorry to hear it mate, but your only recourse is a sympathetic ear from the seller. There's really nothing else that can be done.

pauljh74 · 26-07-2008, 06:06 PM

Unless you can competently assess a car's condition yourself, it's best to get a professional tester/mechanic to look over it to get an idea of the condition of a car before you buy it. Put a deposit down subject to a satisfactory vehicle inspection arranged by the buyer. If it turns out a dud, get your deposit back and look for another one.

The seller doesn't owe you anything - you bought it as is and didn't look into the condition and it crapped itself - so sadly it's now your problem.

If you ask a seller how the car runs - how many will say "it's a piece of crap and I wouldn't touch it if I was looking for a car". Maybe you ask them and watch them to see if they are lying, but the only way to get a good idea on condition is a good inspection. If they are reluctant to let you get it checked by a mechanic, walk away. If you feel the deal is dodgy or there's something dodgy about the seller, let it go. If someone buys a car and keeps it for a short period of time then sells it, that could indicate there are some expensive problems or the person is a dealer selling cars privately to avoid statutory warranties etc.

satria · 26-07-2008, 06:07 PM

rac check, $100 or so can save you thousands in the long run... This is a classic example.

Don't bother calling the guy either, he doesn't have to pay you a cent and i doubt he will. Next time get the car checked properly.

Electric · 27-07-2008, 11:03 PM

Am pretty sure dealers don't have to supply a wrty with any car that has more than 160,000ks OR more than 10yrs old....so even a dealer would not give a wrty on that car.

atec77 · 27-07-2008, 11:13 PM

Quote:

Originally Posted by BusySquare

Hey guys

Recently I bought a 2nd hand car from a private seller which broke down the day after the transaction. I did not get a mechanic to inspect the car prior to the purchase, which was my fault wholly, but I did inspect the more obvious and apparent parts of the cars such as tyres, engine oil, coolant etc which were reasonably good. He also assured me the car works perfectly fine and had no issues whatsoever.

However, it turned out that the very next day smoke was coming out of the bonnet and upon inspection at the mechanics, I was told the car had a blown head gasket, and would cost me another $1500 AUD to fix it.

I've text and called that guy several times but he's not picking up. Are there any legal actions I can take against him? I understand the statutory warranty only applies to car dealers so what are my chances of a case against him?

Thanks for the advice! Appreciate it~

SImple answer is a used motor and swap it , you have no recourse although if the bloke is decent he might flick a finne or two ... used motor will run $400.00 max as at the auctions that model cars are given away .

28-07-2008, 01:23 AM

Quote:

Originally Posted by Electric

Am pretty sure dealers don't have to supply a wrty with any car that has more than 160,000ks OR more than 10yrs old....so even a dealer would not give a wrty on that car.

Quite right. Forgot all about that.

And yes, for a car like that, a 2nd hand motor is definitely the go. I think the guy knew what was wrong with the car and when it was purchased without an inspection, thought WOOOOOOOOO.

If you have a few mechanically inclined friends, just hire an engine hoist for $50, buy an engine (for however much) and do the swap over the weekend. It's really not THAT hard to do, but mechanical experience is beneficial.

EDManual · 28-07-2008, 10:35 AM

What you should have done was to take the car and absolutely thrash it silly for at least half an hour. Would have shown up if there were any problems!!

Recently bought a Subaru wagon for autocross racing. Took it from the seller flat cold, flat out revs, fast as it could go, sliding, jumping up and down off gutters, dumping the clutch at 6000 revs (4wd) etc etc for about half an hour.

Took it back when about out of petrol, no smoke from engine, still idling fine, no clutch slip, brakes not shaking. Great!

So bought it on the spot. Done deal. Havnt had any trouble!

Obviously if it came back as a pile of bits smoking wouldnt have bought it!

AUIIForte · 28-07-2008, 11:29 AM

Quote:

Originally Posted by EDManual

Recently bought a Subaru wagon for autocross racing. Took it from the seller flat cold, flat out revs, fast as it could go, sliding, jumping up and down off gutters, dumping the clutch at 6000 revs (4wd) etc etc for about half an hour.

You're not serious are you? Thats a good way to go about breaking down somebodies car. What would you have done if you crashed it? Thats just a little irresponsible.

satria · 28-07-2008, 01:28 PM

Quote:

Originally Posted by EDManual

What you should have done was to take the car and absolutely thrash it silly for at least half an hour. Would have shown up if there were any problems!!

Recently bought a Subaru wagon for autocross racing. Took it from the seller flat cold, flat out revs, fast as it could go, sliding, jumping up and down off gutters, dumping the clutch at 6000 revs (4wd) etc etc for about half an hour.

Took it back when about out of petrol, no smoke from engine, still idling fine, no clutch slip, brakes not shaking. Great!

So bought it on the spot. Done deal. Havnt had any trouble!

Obviously if it came back as a pile of bits smoking wouldnt have bought it!

although now you own a thrashed subaru. Why not just get a professional to check it over for a couple hundred bucks? saves you having to wear down half the parts to "prove" its not a lemon?

RAREV8 · 28-07-2008, 01:52 PM

Quote:

Originally Posted by EDManual

What you should have done was to take the car and absolutely thrash it silly for at least half an hour. Would have shown up if there were any problems!!

Recently bought a Subaru wagon for autocross racing. Took it from the seller flat cold, flat out revs, fast as it could go, sliding, jumping up and down off gutters, dumping the clutch at 6000 revs (4wd) etc etc for about half an hour.

Took it back when about out of petrol, no smoke from engine, still idling fine, no clutch slip, brakes not shaking. Great!

So bought it on the spot. Done deal. Havnt had any trouble!

Obviously if it came back as a pile of bits smoking wouldnt have bought it!

If someone had done that to a car that I was selling, the last thing they would have to worry about was the clutch slipping........

If you are going to post advice on a forum, post something that is even remotely useful and won't land anyone daft enough to try it in a load of trouble, with the owner or the law.

:

AUIIForte · 28-07-2008, 02:15 PM

Quote:

Originally Posted by RAREV8

If someone had done that to a car that I was selling, the last thing they would have to worry about was the clutch slipping........

If you are going to post advice on a forum, post something that is even remotely useful and won't land anyone daft enough to try it in a load of trouble, with the owner or the law.

:

I was going to include in my post what I would do to the person who treats my car like that, to whom I am selling too. But I withheld because I knew somebody responsible would say it like it is.

Its also why the reason when somebody says they are interested but would like a test drive, I always go with them. I have only sold two cars in my life (private sales), but I have made sure everything was up to spec, including the record history and all the receipts I've got from repairs. If you want to buy my car, look at the records, and if you want to take a test drive, I come with you.

It may be strict, but its trustworthy and always works with both parties!

FGII-XR6 · 28-07-2008, 06:44 PM

what a tool how dare you do that to a car you don't owwn . Idiots like you should be banned from driving for life

Quote:

Originally Posted by EDManual

What you should have done was to take the car and absolutely thrash it silly for at least half an hour. Would have shown up if there were any problems!!

Recently bought a Subaru wagon for autocross racing. Took it from the seller flat cold, flat out revs, fast as it could go, sliding, jumping up and down off gutters, dumping the clutch at 6000 revs (4wd) etc etc for about half an hour.

Took it back when about out of petrol, no smoke from engine, still idling fine, no clutch slip, brakes not shaking. Great!

So bought it on the spot. Done deal. Havnt had any trouble!

Obviously if it came back as a pile of bits smoking wouldnt have bought it!

3vXT · 28-07-2008, 06:53 PM

Quote:

Originally Posted by EDManual

Took it from the seller flat cold, flat out revs, fast as it could go, sliding, jumping up and down off gutters, dumping the clutch at 6000 revs (4wd) etc etc for about half an hour.

If you were test driving my car i wouldn't have a problem with you doing any of this. I'd want you to have the most fun you could possibly have in half an hour because it would be the last half hour of your life.

snakeoil · 28-07-2008, 07:11 PM

mate we can all be wise in hindsight

if you are not real flash with the tools do as suggested and roll the beast into a local korean wrecker and let them do the swap >then take the car with all documents to local rego people to note new engine number.then either resell it or take it bathurst this year and set fire to it so at least it will keep you warm.............................then buy a real car

regards Snake

caveat emptor

ck11 · 28-07-2008, 08:51 PM

Quote:

What you should have done was to take the car and absolutely thrash it silly for at least half an hour. Would have shown up if there were any problems!!

Recently bought a Subaru wagon for autocross racing. Took it from the seller flat cold, flat out revs, fast as it could go, sliding, jumping up and down off gutters, dumping the clutch at 6000 revs (4wd) etc etc for about half an hour.

Took it back when about out of petrol, no smoke from engine, still idling fine, no clutch slip, brakes not shaking. Great!

So bought it on the spot. Done deal. Havnt had any trouble!

Obviously if it came back as a pile of bits smoking wouldnt have bought it!

I really hope you are not being serious.

Pinch · 28-07-2008, 09:13 PM

Take heart that there is also karma that will catch up with dodgy private sellers at some stage or another! I have sold many cars privately, some not so good. It just happens. Only thing I was up front about problems, and even put them on the receipt. "yeah it went bang BIG time on the freeway - that's why it is $500 with 3 months rego". Protects me too. Yep it hit a roo at 130 clicks, so I would get someone to check out the chassis rails mate...

Guess that's why I will never be a millionaire!!!

What goes around certainly can come around.

05_ENFORCER · 28-07-2008, 09:17 PM

Quote:
What you should have done was to take the car and absolutely thrash it silly for at least half an hour. Would have shown up if there were any problems!!

Recently bought a Subaru wagon for autocross racing. Took it from the seller flat cold, flat out revs, fast as it could go, sliding, jumping up and down off gutters, dumping the clutch at 6000 revs (4wd) etc etc for about half an hour.

Took it back when about out of petrol, no smoke from engine, still idling fine, no clutch slip, brakes not shaking. Great!

So bought it on the spot. Done deal. Havnt had any trouble!

Obviously if it came back as a pile of bits smoking wouldnt have bought it!

Thanks mate, you won't be "test piloting" my car when it is time to sell!!!

da_ilks · 29-07-2008, 04:37 PM

Quote:

Originally Posted by EDManual

What you should have done was to take the car and absolutely thrash it silly for at least half an hour. Would have shown up if there were any problems!!

Recently bought a Subaru wagon for autocross racing. Took it from the seller flat cold, flat out revs, fast as it could go, sliding, jumping up and down off gutters, dumping the clutch at 6000 revs (4wd) etc etc for about half an hour.

Took it back when about out of petrol, no smoke from engine, still idling fine, no clutch slip, brakes not shaking. Great!

So bought it on the spot. Done deal. Havnt had any trouble!

Obviously if it came back as a pile of bits smoking wouldnt have bought it!

... and this is why a lot of ad's say no test pilots. If you drove my car like that you'd be buying it regardless of whether you liked it or not. Pretty disrepectful mate.