NSW private Vehicle sale

[angry123]

Hi everyone,

In need of some advice and or help.

today i purchased a motorcycle that had been modified. but road registered. the bloke told me there was 2 issues with the bike it rides fine engine is great, but the fairings need to be replaced (plastic bodywork) and the rear disk caliper needed to be painted as it looked horrible.

drove an hour away to purchase the bike, went through took a test ride and it was fine. rode it 1 hour home and not the bike is unrideable. the turbo has failed, and dropped alot of oil on my drive way.

my question, what are the standard laws for something like this happening when technically speaking owning it for 1 hour. i did make the seller sign the following:


I_______________licence no.____________ am selling the 2004 Kawasaki zx6r to _________________Licence no.____________ for the amount of __________on the condition that ____________ can take it to a workshop to have it inspected within 7 days from the date of sale and have it checked and looked over. If there is something wrong with the bike, it can be returned within the 7 day period, as long as it come back the same way it was taken.

 

[Nighthelyn]

Dear angry123,

You may need the advice of a private solicitor.

With what appears to be a private sale of motor vehicle between private persons (not a business), it is not covered by statutory misleading and deceptive conductive provisions in Australian Consumer Law. The document you got him signed is helpful but again if he doesn’t honour it you will have to enforce it with legal action. So if you cannot successfully deal with the seller your only other option is to sue the seller at common law. You will have to prove that he knows or reasonably ought to know the engine isn’t working and doesn’t matter how you ride it it will fail.

Usual steps are - firstly keep a good record of the vehicle’s condition, lots of photos, and don’t drive anymore other than take it to a mechanic to identify how much it costs to address the problem. Then you write to the seller to organise a refund etc. If he is receptive, negotiate something. If not, next yourself or through your private solicitors may consider sending a letter of demand failing which initiate a claim in the relevant court depending on the size of the claim.

Claim cost money, may not succeed (e.g. You can’t prove there was unreasonable conduct on seller’s part), or even if successful the seller may not own enough to cover your costs. So care is required before taking that step, especially if the claim is not large. Generally you have 6 years after identifying the problem to commence a claim.

Good luck!
-Nighthelyn