NT Gumtree Seller Sold Me a Faulty Car - What to Do?

[Bailey]

I brought a car for $4700 cash from a seller off Gumtree. Within an hour getting the car home, the engine light came on!

The seller advised he didn't know why? But didn't reply when we asked for his mechanic's numbers he apparently used for a services. We have taken it to a garage - the car needs $7000 worth of parts to fix it and there is possibly more. The car is now not worth repairing

Where do I stand? The money I used was given to me by my late father. The seller won't answer the phone or text.

Please help

 

[Lance]

Hi,

The seller is bound by common law contract requirements and as such can not lie or omit information that would otherwise affect your decision to buy. They can be liable for misrepresentation about the vehicle that the buyer relies on. So did the mechanic say anything about the fact that this fault just popped up?. Specifically is it something that the previous owner likely knew about, lied about or covered up?

This blog post gives some more detail: Faulty Second Hand Car? Your Options as a Buyer - Legal Blog - LawAnswers.com.au

As the blog says, you might want to speak with a lawyer and make sure you get a copy of the gumtree ad and any correspondence between yourself and the seller. Check the log book as well, if there is one to see if there is a local mechanic that was used and try to gather evidence that they knew about the problem.

 

[Bailey]

I brought a car for $4700 cash from a buyer off gumtree. Within an hoour getting the car home the engine light came on!

The seller advise he didn't know why???but didn't reply when we asked for his mechanic numbers he apparently used for a servies. We have taken it to a garage the car needs $7000 worth of parts to fix it and there is possible more .The car is now not worth repairing

Where do i stand ?? The money i used it what i was given from my late father

the seller wont answer phone or text
please help

The issues on the car are long term! Parts are melted because it's been left. He said the light can easily be switched off. I believe the seller knew the car was highly faulty. Having the car only an hour! A big sign that the car clealry had an issue and futher inception its clear that parts are melted and the car repairs are now worth more than the car .

Makes me angry people can rip people off and get away with it. He was not answering the calls after we got the car home. We waited to have the car looked at - one part was replaced, the light then came on again and this is when we found further damage.

I have only used the car a few times. I wouldn't have been able to cause that damage as the car goes into limp mode once the engine light comes on.

 

[Lance]

Hi Bailey,

After an hour of owning it, no one would think that you caused the damage. As you said the damage was identified as being from neglect. Did the seller tell you it have been serviced recently or at all? If they lied by saying the servicing was done and your mechanic can prove otherwise you would have them on misrepresentation.

 

[Bailey]

Yes he said it had been done at so many kms but again my mechic said you could tell by certain fluid in the car that again was a lie as fluid was brown and it should of been pick?

Could I go to small claim? I was tempted to let the seller know I was taking the matter further in hope he'd offer my money back.

 

[Lance]

You could definitely go to small claims. But you need evidence. Statements from the mechanic. Document your own conversation with the seller if you don't have all the detail in emails / messages. Make sure you note any misinformation they told you. So that if you tell the magistrate they told you it been serviced 3 months ago and you have a statement from a mechanic to state the oil show signs that it hadn't been changed in excess of 100,000kms / 3-5 years. Its all about building an argument that you were mislead.

 

[Bailey]

Perfect, thank you.

Just don't want him to get away with it. Will it cost a lot of money for the court? The guy who's looked at my car had been brilliant. I'm sure he'd be happy to help

 

[Lance]

It looks like its a bit more than where I live. Last time I took someone to small claims court in WA it was $25, but in the NT it looks like its $121.

 

[Bailey]

Will it cost him momey? When we singed the car over onto the paper work, he said best only put that we paid half of the actaul price because of stamp duty so will this affect me trying to clai?

I'm hoping if I tell him I am taking him to small claims, he pays up

 

[Lance]

Hi Bailey,

Yes it will impact the case. You falsified a document so be careful about explaining to the court that you actually paid twice as much but you were trying for less stamp duty. If you have a cash receipt you could try but if I was the other party I would show the discrepancy between the cash receipt and the rego papers as grounds to undermine your case.