VIC Defective car bought without roadworthy

[Di Hart]

Hi,
My neices boyfriend just purchased a second hand car privately for $16,500. The car came without rwc and he paid cash for it! I know it’s crazy, but he is only young and he didn’t fully understand what this meant. Needless to say, after 3 days the car broke down and had done the clutch. When he took it to the mechanics he also asked them to let him know what it would need for a rwc. He was told today by the mechanic that the chassis is rusted and the car will never pass a rwc and is unsafe!! Does he have any legal rights??

 

[DMLegal]

Hi Di, sorry to hear about your niece's boyfriends car trouble, there are some unscrupulous folk out there. He is in a tricky spot, but some relevant issues are whether he was given any type of guarantee as to the condition of the car, especially if the guarantee was given by phone/email etc. This is the type of case where a 'common-sense' magistrate would order a full refund, but a 'by-the-book' magistrate would dismiss the claim in a heartbeat. What did the person who sold the car say when he was approached about it? Did he know it did not have a RWC at the time of purchase? If so, what reasons were given to him as regards the reason for the missing RWC.

 

[DMLegal]

*Sorry by "phone" i meant SMS.

 

[Di Hart]

Thanks for the reply!
When he asked if it came with a rwc he was told no. He then asked if he was to pay extra for the car if one could be supplied, he was told no as the guy didn’t have the time to organise one. He then asked if it needed anything done to pass a roadworthy and was told there was nothing much that needed to be done and that it was in very good condition. These conversations were all via text message which he still has. He has text the guy to inform him of what he was told by the mechanic and to ask if he knew about the issues and of course he has no reply.

 

[DMLegal]

Thanks for the reply!
When he asked if it came with a rwc he was told no. He then asked if he was to pay extra for the car if one could be supplied, he was told no as the guy didn’t have the time to organise one. He then asked if it needed anything done to pass a roadworthy and was told there was nothing much that needed to be done and that it was in very good condition. These conversations were all via text message which he still has. He has text the guy to inform him of what he was told by the mechanic and to ask if he knew about the issues and of course he has no reply.

Thanks Di, glad to hear he has some type of correspondence to hand. If it were me I would take the following course of action, please note I am not offering advice on the particular circumstances your nieces boyfriend has found himself him, merely some information which may give you some ideas on where to go from here. I would: (1) Attempt to call the person who I purchased the car from to discuss the issues. (2) If he won't answer I would visit the location where I purchased to car (unless the person posed a particular threat etc.) (3) If he is unwilling to make good the issues, based on the information to hand, I would send a letter demanding a refund, (4) Failing that I would send a second letter with notice that a failure to 'come to the table' will see proceedings commenced in the Magistrates Court of WA (We don't have VCAT (or similar) in WA, but they might be able to assist, you will need to check this with them) (5) Commence the claim on the basis the seller was asked about the issues affecting the road worthiness of the vehicle at the time of purchase and made, what appears to be from your comments, misleading comments relating to the condition of the vehicle, which ultimately seen 'me' purchase a defective vehicle.

Basically it needs to be demonstrated that proper enquiries were made - the Court (or VCAT) won't compensate the negligent or someone who just didn't make proper enquiries, however if it can be proved that the seller knew, or ought to have known, about the issues with the car, and didn't disclose them, you're in with a good shot. Although, I stress that by no means is it certain that the matter would be found in favour of the purchaser.

Best of luck.

 

[Clancy]

Also a mechanic is not the right expert to ask about chassis rust condition, you need to take it to a panel beater.

Given the price, and the rust in the chassis, i will assume it could not be a newer vehicle? but an older model car that is popular for restoration? He may have paid too much but it may yet be salvageable?