NSW Bought Car from Gumtree - Demand Refund Under Australian Consumer Law?

[Marcel]

Hey,

I am from Germany, currently on a working holiday visa and I have unfortunately no knowledge about Australian Consumer Law.

I recently bought a car from a private seller over gumtree (19, February). The guy is a mechanic and said the car is in a very good mechanical condition. I have little knowledge about cars but it seemed fine to me as well. The guy also seemed reliable since he invited my friend and me to his birthday party the next day because we were likeable with each other.

On Saturday (27, February), the speedometer, tachometer and odometer stopped working, but the car was still driving good as usual. Today (29, February), we were about to drive to a mechanic to see what the issue with the tachometer, etc., was but on our way, the car broke down while driving.

Now we had to left it on the side of the street.

Do I have any rights to demand a repair or refund from the private seller?

Looking forward to your replies.

Cheers

 

[Marcel]

I called the Fair Trade Commission and they said you have no consumer rights when buying from a private seller. I guess you can close the thread.

Cheers

 

[Sophea]

Hi Marcel,

Yes that's true - Australian Consumer Law does not apply to private sales, however, you do still have grounds to get compensation or other remedies if the seller engaged in misleading or deceptive conduct. This would include making representations about the vehicle - such as "it is in good mechanical condition" when he or she knows that to be false.

If you can prove this, you may have grounds to take him to court - however, it is a laborious, time-consuming and expensive process. I would go back to him and see if he will fix the issues for you for free, out of the goodness of his heart or out of fear you may take him to court for engaging in misleading conduct. If he refuses then you can consult a lawyer about taking it further.

 

[Vivien]

You can get a small amount of money back by selling it to the wreckers for parts, if all else fails... but often the cost of getting it there is more than it is worth!