QLD Buyer wants us to pay for repairs after deal done and ownership transfered

[Simmo77]

I recently sold a horse float to a buyer from out of town. He requested a road worthy and HAVRAS be done as part of the sale. This was done for him.

Long story short.. the buyer had someone come and look at the float on his behalf. This person has paid for the float and signed a receipt for it accepting it.
The receipt clearly stated that the float was sold with a current RWC & HAVRAS and was sold in "As is, Where is" condition.
They have taken possession and registered the float in their name. On the way home to their place they have run to an issue and had the float taken to a float manufacturer.
Since then the float manufacturer has told them that the float is not Road worthy and should not have been passed. He is asking us to pay just under 4000 dollars for the repairs that this manufacturer has quoted.

I don't believe it is up to me to pay for the repairs as I sold him the float with a rwc as requested. He has taken it on his own back to take the float into a float manufacturer without consultation with me. Also the written receipt clearly stated that the float was sold in "As is, Where is" condition.

 

[Scruff]

I would think that this really comes down to whether or not you've done anything "dodgy".

If the "needed repairs" relate to matters that are "passed" on the certificates, then there would obviously be an argument that the certificates contain false information. In that case, both you and the issuers of the certificates could be liable and other action could also be taken - especially against the issuers of the certificates (certifications revoked, fines, etc).

If nothing dodgy is going on, then your argument should be that you got the necessary certificates; you have no reason to believe that they are not factually correct; and that the buyer had every opportunity to inspect the float themselves or have it inspected by their own "expert" prior to purchase.

Either way, other factors also need to be considered, such as the nature of the repairs; the age of the float; and what should be considered "normal wear and tear".

In regard to "consultation", once the sale is done, the buyer doesn't have to consult with you about anything - they can do what they want. I wouldn't worry about this, because if you start making noise about it, it could make you look like you're trying to hide something, which obviously could work against you if things escalate down the track.

In regard to "As is" being on the receipt, I think there could be an issue if you sold the item as a business entity (ie; as the seller, you identified on the receipt using a business name or included an ABN). In that case, there might be issues with the ACL and consumer guarantees etc. But I don't think this would be the case if the receipt shows that you sold the item as a private individual. (If I'm wrong about this, I'm sure one of the experts will correct me.)

In any case, considering they're seeking a sizable amount of money, I recommend that you speak to a solicitor before you provide any response to the other party. If you have already responded in some way, don't have any further contact until you obtain legal advice based on all the facts.

If you're hands are clean, then this may well just be a case of someone buying a second hand item and expecting it to be in brand new condition - in which case they're trying to take you for a ride. It happens all the time.