I bought a second hand car privately, it has been supplied with roadworthy check but it is dodgy as there are faults with the car. The electronics are playing up already and the car is unsafe as the brakes have already locked up while driving and the car started by itself when keys were in ignition, do I have any rights to return the car to the seller?
VIC Bought Faulty Car Privately - Can I Return to Seller?
- Thread starter Aleciad
- Start date
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- Tags
- car roadworthy
Hi Aleciad,
Under Australian Consumer Law (ACL) the private seller really only has to guarantee clear title, undisturbed possession and undisclosed securities. From a dealer it would need to be fit for purpose a reasonable quality blah blah blah.
Anyway while ACL may not cover you in this situation the seller has entered into a common law contract with you. If the vehicle isn't as advertised not provided in a safe condition you may have recourse to pursue that matter. I would speak to a lawyer and see if they can help you take legal action to rescind the contract.
This blog post might help.
https://www.lawanswers.com.au/blog/faulty-second-hand-car-your-options-as-a-buyer/
Under Australian Consumer Law (ACL) the private seller really only has to guarantee clear title, undisturbed possession and undisclosed securities. From a dealer it would need to be fit for purpose a reasonable quality blah blah blah.
Anyway while ACL may not cover you in this situation the seller has entered into a common law contract with you. If the vehicle isn't as advertised not provided in a safe condition you may have recourse to pursue that matter. I would speak to a lawyer and see if they can help you take legal action to rescind the contract.
This blog post might help.
https://www.lawanswers.com.au/blog/faulty-second-hand-car-your-options-as-a-buyer/
Having bought it privately, the short answer is "no, you can't return it".
In any event, this is probably not a transaction to which the ACL applies.
In any event, the seller, not being a mechanic,
is entitled to rely on the certificate as proof of roadworthiness.
It may also be helpful to understand that a RWC is
not a certificate that the vehicle is wholly defect free..
Start thinking about acting against the issuer of the certificate.
You may find that he is prepared to make good the defects,
in order to avoid being reported for providing a dodgy RWC.
In any event, this is probably not a transaction to which the ACL applies.
In any event, the seller, not being a mechanic,
is entitled to rely on the certificate as proof of roadworthiness.
It may also be helpful to understand that a RWC is
not a certificate that the vehicle is wholly defect free..
Start thinking about acting against the issuer of the certificate.
You may find that he is prepared to make good the defects,
in order to avoid being reported for providing a dodgy RWC.
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