WA Purchased Faulty Used Car on Gumtree - Refund?

[Henry Mckinlay]

I bought a car off gumtree in W.A.
I've noticed a smell which made me sick. The car is overheating a blown head gasket 3 days later. Can I get a refund?

 

[Sarah J]

Hi Henry,

You can get compensation (e.g. refund) if you were not told of this problem and the gum tree advertisement assured you that the car was in perfect condition, good working condition or something similar.

Have you contacted the seller and informed them of the matter? Unfortunately, given you bought the car from a private seller, you are not covered fully under Australian Consumer Law. This means, if you want to pursue compensation (if the seller refuses) you may need to initiate action from the WA Magistrates' Court or State Administrative Tribunal.

Have a read of "Faulty Second Hand Car? Your Options as a buyer"

 

[Henry Mckinlay]

Ok I read (faulty second-hand car buyer) I'm a victim. He assured me with a hand shake the car was in perfect working order. The seller Disguised the smell with air fresheners. A toxic smell from antifreeze coming through the heat vents I've been sick and so has my 4 week old daughter. This car is faulty I've only had it for 4 days! It's over heating. It's parked outside and I don't want to drive it.
Please Help what do I do next?
Court?
The Seller has blatantly told to just sell the car. And refused a refund.