VIC Seller Denying Knowledge of Issues with Car?

[Reneeben]

Hi,

We purchased a second-hand car privately on the 30/7/16. On the way home from picking it up, it had transmission issues. The seller was called within a couple of hours and denied any knowledge of it.

Looks like we are up for at least $6000 to replace the transmission. Also, the seller was asked a few times whether there was anything wrong with it and said there wasn't (documented in messages).

What are our Australian Consumer Law rights?

 

[Sophea]

Australian Consumer Law does not apply to private sales, as in this case. The only law you can rely on is contractual principles at common law - such as misleading and deceptive conduct. You would need to prove that the seller knew of actual car issues but denied them when specifically asked. You could prove prior knowledge if you have service records.

If you don't have service records you could ask the seller where the vehicle was serviced and call them up and try to obtain the service history. You would assume that the seller would have been informed of anything that was identified in routine services etc.

 

[Reneeben]

Hi,

Thank you, I was told nothing needed to be done to the car and the only service history I have is the normal car services no transmission history. She originally told us she had the car for around a year but can't even tell me when it was purchased or who from as I've got a feeling she has only had the car for a couple of months and has lied about it all

 

[Reneeben]

Update:

We have now found out that the car was put up for action on the 8/6/16 and that's when the seller purchased it which she now has finally admitted. She didn't actually get it registered till the 31/7/16 so it was only after we said we will buy it.

The car has only done 400km since it was bought by her at the auction after telling us she had been driving it for a year without any Mechanical issues. I have recorded all our conversations which shows she has lied.

What are our rights now as she didn't tell us the truth? Please help.