Mislead by seller when purchasing a motor vehicle privately

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

markdg

Member
18 May 2022
3
0
1
Hi, I recently purchased a MV from a private seller for my daughter. He assured us the MV was in perfect order and provided service history etc. We had the MV inspected and it appeared to be a great car. Unfortunately, after driving the car for a few hours a fault light came on and the car went into "limp mode" nearly causing an accident at a roundabout. After some investigation, it became evident the car had pre existing issue that the seller had not rectified and sold us the car knowing it was unsafe and that this problem existed. I have spent $1000 already and the issue is still not resolved and may cost $1000s more to try and fix however there is no guarantee they can fix it. I have proof that he knew the issue was pre existing and want to know if I have any recourse please. We are now stuck with an $8000 car that is basically unsellable and cannot afford to keep pouring endless amounts of cash into a car that may be unrepairable.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,036
830
2,894
Sydney

markdg

Member
18 May 2022
3
0
1
Emails, texts with the seller confirming he new the issue was there when he sold me the car along with invoices from VW coupled with the conversation i had with the service manager at VW who was surprised he had sold the car as he was expecting the seller to bring the car in for further investigation as they hadn't fixed the issue. This was only days before we purchased it.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,036
830
2,894
Sydney
Emails, texts with the seller confirming he new the issue was there when he sold me the car along with invoices from VW coupled with the conversation i had with the service manager at VW who was surprised he had sold the car as he was expecting the seller to bring the car in for further investigation as they hadn't fixed the issue. This was only days before we purchased it.
And was "the issue" disclosed to you before you bought it, and you went ahead and bought the car anyway?
Or did you only find this material afterwards?
 

markdg

Member
18 May 2022
3
0
1
It was not disclosed until afterwards, when the fault light came on and the car went into limp mode on the same day we collected it.