In early November 2016, I sold my car to a person I know. There was no advertisement. I stated it's a good car, but it's 10 years old and done over 200,000 km. I advised I was asking $5000ONO and without being asked, I offered it up to the buyer at $4500 which was accepted. There was no test drive, only cursory inspection and accepted as is. The buyer transferred the money and collected the car the following week.
I'd had work done on the car and at collection I went through the work report and that I was not aware of any further mechanical issues. Two things in hind sight, I forgot to mention that my mechanic had advised I needed two new tyeares before rego (late Dec), and the air con had been weak the previous summer but given I had not been using the car since mid winter (the heater works fine). I had completely forgotten about that. After the car was collected I used the proceeds to pay for another car I was buying.
I went to lodge the disposal of vehicle notice and seek a refund on the unused registration but was advised if the transfer had not been completed then the buyer would be driving an unregistered car and asked if I wanted to check if that had been done before I lodged the papers. I agreed.
Because it was an interstate purchase, to change the rego, the buyer had to have it inspected which was done 4 weeks after purchase and collection of the car. The mechanic did a minor service and fitted two new tyeares and recommended the A/C needed regassing ($750) and there were two further mechanical issues which would cost a further $900. I am not aware if he would have passed it for rego at that point.
Six weeks after collection, the day before my rego was due to expire, the buyer emailed me outlining these issues and, given they were now in possession of 3 cars they were unable to sell, would I please take the car back and stated "I figured since you can sell it again (making an easy 8k) that you may take it back?"
On those conditions I agreed, retrieved the car, my mechanic did the compulsory NSW re-rego inspection which it passed and I re-registered the car with a view to reselling. I've had further correspondence asking for a refund and telling me that in taking the car back "anyone would think I'd been doing them a favour", to which I agreed it was a favour under the circumstances.
I have since offered to 1. return the car again or 2. to sell the car and that on resale my intention is to refund the first buyer with the proceeds up to the original purchase price of $4500 but offered no guarantee that it would be the full amount. Subsequent email from the buyer is demanding the full refund immediately.
Where do I stand under Australian Consumer Law? Given the rego is still in my name, can I legally on sell the car? Should I just return the car and cancel my rego? I am not in a position to refund the original money given I have purchased another car.
I'd had work done on the car and at collection I went through the work report and that I was not aware of any further mechanical issues. Two things in hind sight, I forgot to mention that my mechanic had advised I needed two new tyeares before rego (late Dec), and the air con had been weak the previous summer but given I had not been using the car since mid winter (the heater works fine). I had completely forgotten about that. After the car was collected I used the proceeds to pay for another car I was buying.
I went to lodge the disposal of vehicle notice and seek a refund on the unused registration but was advised if the transfer had not been completed then the buyer would be driving an unregistered car and asked if I wanted to check if that had been done before I lodged the papers. I agreed.
Because it was an interstate purchase, to change the rego, the buyer had to have it inspected which was done 4 weeks after purchase and collection of the car. The mechanic did a minor service and fitted two new tyeares and recommended the A/C needed regassing ($750) and there were two further mechanical issues which would cost a further $900. I am not aware if he would have passed it for rego at that point.
Six weeks after collection, the day before my rego was due to expire, the buyer emailed me outlining these issues and, given they were now in possession of 3 cars they were unable to sell, would I please take the car back and stated "I figured since you can sell it again (making an easy 8k) that you may take it back?"
On those conditions I agreed, retrieved the car, my mechanic did the compulsory NSW re-rego inspection which it passed and I re-registered the car with a view to reselling. I've had further correspondence asking for a refund and telling me that in taking the car back "anyone would think I'd been doing them a favour", to which I agreed it was a favour under the circumstances.
I have since offered to 1. return the car again or 2. to sell the car and that on resale my intention is to refund the first buyer with the proceeds up to the original purchase price of $4500 but offered no guarantee that it would be the full amount. Subsequent email from the buyer is demanding the full refund immediately.
Where do I stand under Australian Consumer Law? Given the rego is still in my name, can I legally on sell the car? Should I just return the car and cancel my rego? I am not in a position to refund the original money given I have purchased another car.
