QLD False Advertising of Car on Gumtree

[Shawnie Withers]

Hi I recently brought a van from gumtree. The ad said nothing was wrong with it, and it was in good condition so I texted them because I was interested. I asked them if anything was wrong, and they said no. I asked if they were willing to sell for $1500 and they said yes.

They dropped the car off and I asked him face to face if anything was wrong with it. He told me no, only that the driver window doesn't work.

The next day, I took the car in to get inspected they said it was dangerous to be on the road. I've explained to the seller that they lied and had given false information and wanted my money back. They lied on their advertisement and to me.

 

[JS79]

Unfortunately as you bought the van privately you don't have the same protection of the Australian Consumer Law in regards to lemon vehicles.



You could look at taking them to the small claims court to get your money back. However they will probably rely on the defence it was sold as is and that you should have inspected the car prior to paying the money.

 

[Shawnie Withers]

I asked them for any sort of problems with the van but they strongly advised me there was nothing wrong with it. As a mother of 4, I was on a short limit an trusted in the information they provided I had ask them to bring the papers to change the van over but they advised me that didn't need to be done

This is my first time buying a vehicle and got provided false information for alot of things an mislead in what I was trying to ask from them. I ask them to full out a change of ownership forms they said that didn't need to be done I ask for any problems with the van they ensured no problems where of concerning just a broken window im stressed out because either way I look at it they will get away with.

 

[Tim W]

Have a read of this thread, which may be helpful.
NSW - Car Sold Privately - Buyer Beware? | LawAnswers.com.au