Buying from dealer - RWC (NSW) responsibilities?

[AWD Chaser]

Hey Guys,

I'm buying a used Territory from an auction house (but purchased off the floor for fixed price), and have just got an inspection carried out yesterday. They found a number of things, but the following stood out:

• Brake Discs - Wear lip visible
• Brake Pads - 10% remaining
• Rear Left Tyre - 10% remaining...

Are these items that the dealer should be fixing to make RWC compliant (NSW)?

I don't think ive left much room for any more wheeling and dealing... but if it's a road worthy issue... I may be able to get him to do it...

[Kryton]

No, you bought it from an auction house.
Even though you bought it fixed price, you bought it without RWC and Rego - thats up to you to rectify.
They are not a car yard (as such) that has to sell a car with a RWC and they dont have to sell with rego.
You buy 'As is - Where is'.

[AWD Chaser]

Originally Posted by davway

No, you bought it from an auction house.
Even though you bought it fixed price, you bought it without RWC and Rego - thats up to you to rectify.
They are not a car yard (as such) that has to sell a car with a RWC and they dont have to sell with rego.
You buy 'As is - Where is'.

It does come with rego - 6 months...

[Kryton]

They are not responsible for providing you with a RWC - thats up to you to get.
Read their Terms and Conditions.

[AWD Chaser]

Originally Posted by davway

They are not responsible for providing you with a RWC - thats up to you to get.
Read their Terms and Conditions.

Maybe I'm getting mixed up...

Don't they have to sell the car in Roadworthy Condition - ie - it had an airbag light on the dash, and they are getting it fixed because it has to be in road worthy condition...

[GT450]

My understanding would be unless the disc is undersize the lip would not matter,the pad life is subjective and therefore does not matter (many have wear indicators anyway ) and if the tyre is not down to the wear indicator and the tread is worn evenly again quite legal. The fact that you are buying at auction would negate any calim anyway as they do not come with RWCs. I believe it's up yo you to make it roadworthy at your cost so you have to decide if it's wortwhile. The items you have mentioned are regular wear and tear replacement items anyway and at some stage will require replacing.
Cheers
GT450

[GS608]

I doubt they'd be exempt from the law, if it is sold with rego it has to have a RWC right?

[Kryton]

It is an Auction House - THEY do not have to sell anything in RWC, fixed price or not.
THEY are selling on BEHALF of a private seeler (in most cases), THEY do not own the car, THEY are not responsible for the condition of the car and THEY have no obligation to you to provide you with a RWC certificate.
Ive bought many cars from Auction, fixed price and also from bidding.
It is up to YOU to bring the car up to RWC.

How about reading their Terms and Conditions as i already mentioned - they will clearly explain that its your issue and not theirs.


Copied from Pickles website (NSW):

The Purchaser acknowledges:

9C.1 That if a motor vehicle, having New South Wales registration, is offered for sale or sold by the Auctioneer with an Inspection Report (commonly known as a "Pink Slip") or an Unregistered Vehicle Inspection Report (commonly known as a "Blue Slip") then the Purchaser acknowledges that any such Inspection Report was supplied by the Vendor as required by the law of the State of New South Wales and was not supplied by the Auctioneer AND the Purchaser further acknowledges that the Auctioneer cannot and does not warrant or guarantee the correctness or accuracy of anything contained in or implied by such Inspection Report as it is only acting as agent of the Vendor AND the Purchaser will not hold the Auctioneer liable or responsible in any way whatsoever for the contents of such Inspection Report and if any dispute arises in relation to such Inspection Report then the Purchaser acknowledges and agrees that he will exclude the Auctioneer from any such dispute or any subsequent claim action or Court proceedings and further agrees to indemnify the Auctioneer from and against all liability (including costs on a full indemnity basis) which my be incurred by the Auctioneer in relation to any such dispute, subsequent claim action or Court proceedings; and

9C.2 That if a motor vehicle is offered for sale or sold by the Auctioneer with a Pre-Auction NRMA Report or other expert report as to its condition then the Purchaser acknowledges that such report was supplied by the Vendor and was not supplied by the Auctioneer AND the Purchaser further acknowledges that the Auctioneer cannot and does not warrant or guarantee the correctness or accuracy of anything contained in or implied by such report as it is only acting as agent of the Vendor AND the Purchaser will not hold the Auctioneer liable or responsible in any way whatsoever for the contents of such report and if any dispute arises in relation to such report then the Purchaser acknowledges and agrees that he will exclude the Auctioneer from any such dispute or any subsequent claim action or Court proceedings and further agrees to indemnify the Auctioneer from and against all liability (including costs on a full indemnity basis) which may be incurred by the Auctioneer in relation to any such dispute, subsequent claim action or Court proceedings

[Kryton]

Originally Posted by Kia Chaser

it had an airbag light on the dash, and they are getting it fixed because it has to be in road worthy condition...

No, they are getting it fixed because it has a Statutory Warranty, not because it is a RWC item.

[AWD Chaser]

Originally Posted by davway

No, they are getting it fixed because it has a Statutory Warranty, not because it is a RWC item.

Ahh ok... this must of been where i was getting mixed up... Thanks for explaining this to me...

[old_mate]

while not totally on topic, i recently purchased a used car from a dealer with RWC and stat warranty (obviously). A week after purchasing said vehicle i performed a major service, and found that all the front end bushes, rear swaybar bushes, were either well worn or even split, strut top bearings and bushes had collapsed, front brake pads well worn, front tyres worn inner edges, LSD was noisy, and so on. I took it back to the dealer and asked how it ever got a RWC with so many problems, dealer got the shop that did the RWC to have a look, they apologised with the excuse the apprentice did the roady, i got the car back with a new engine mount (!) and that was it. I then had a further discussion with dealer who then advised all faults will be fixed under stat warranty, and i shouldn't bother worrying about the shop that did the RWC. To cut a long story short it took 3 visits to dealer, 3 different mechanics and even putting some work via the extended warranty on the vehicle through Australian Warranty Network (i didn't think it was worth the paper it's printed on but the dealer sorted it)

Serves me right buying a holden eh?

Does the requirement to provide a stat warranty on a used car apply to those bought with rego and rwc via an auction house? if not, thats the fun of buying via auction, although im unsure as to whether consumables subject to fair wear and tear even fall under any warranty. In your position, i would take your findings to the shop who provided the original RWC with a please explain, with the argument the RTA do not like dodgy RWC's being provided. If they baulk, contact the RTA.

[Kryton]

Originally Posted by old_mate

Does the requirement to provide a stat warranty on a used car apply to those bought with rego and rwc via an auction house? if not, thats the fun of buying via auction, although im unsure as to whether consumables subject to fair wear and tear even fall under any warranty. In your position, i would take your findings to the shop who provided the original RWC with a please explain, with the argument the RTA do not like dodgy RWC's being provided. If they baulk, contact the RTA.

The car was not sold with a RWC.
The car, being a fixed priced auction, is sold with a stat warranty - that only covers a very limited number of items, of which, consumables are not covered.
The stat warranty is also provided by ASWN (the same as your own one).
There is no recourse towards whoever did the RWC, they have done nothing wrong either.
They have given a list of items that need to be replaced for the RWC to be issued.
They havent done anything dodgey.

The only issue is the new owner of the Territory didnt do his research properly before buying and expected the Auction House to provide a RWC when they are not required to.

[old_mate]

ok i'm following. I have seen some vehicles up here in QLD being sold with rego and RWC but that must be either supplied by the vendor OR some of the auction houses up here buy vehicles themselves and send to auction. i would assume then, in that situation the auction house is the dealer.

[Kryton]

If they are offered with a RWC, it is the vendors that provide the RWC.

[MAV50L]

It is NSW. A car sold here if it regisitered remains registered.
There is no RWC required for a rego transfer. Technically yards are ment to supply one but they never do.
There is no requirement for the car to be in a roadworthy condition on purchase. If it has had a dodgy rego check done to get 6 months rego well take it up with the place who did it. You wont get anywhere but.
As far as the problems go if the brake swork and it passes the brake test its roadworthy. If the tyre is above the tread wear indicators its roadworthy.

[AWD Chaser]

Originally Posted by davway

The only issue is the new owner of the Territory didnt do his research properly before buying and expected the Auction House to provide a RWC when they are not required to.

I'd just like to point out that I haven't yet purchased the car and by posting the original question... I am doing research.

The only reason I was asking was to see if I could get the auction house to get the brakes and a tyre done At their expense while it was in for a faulty seat buckle repair....

And it looks like a no...

[302 XC]

Davway,
seems to have his finger on the pulse regarding this issue
Thanks for the heads up

Always get an independant inspection IF your in doubt
Helps with the haggling stages

Never ever solely rely on a road worthy cert
They ARE not worth the paper they are written on

[Kryton]

Originally Posted by AWD Chaser

I'd just like to point out that I haven't yet purchased the car and by posting the original question... I am doing research.

It sounded like you had already bought it.