QLD Truck Bought Interstate Privately & Broken

[Rebekah123]

I purchased a 2nd hand 2005 Isuzu truck from a private seller in NSW on Gumtree, sight-unseen, for $18,000. It is advertised as ''truck drives well and no issues'' and with registration until September 2021 (in NSW has yearly roadworthy at the time of registration) and assumed roadworthiness.

The truck was delivered and has several large issues. There are 4 tires that are illegal, either bald and/or cracked (2 completely bald with zero tread, 1 bald with 1mm tread and 1 x cracked tread.) The key ignition can not be turned on or off. The brakes are not good, going nearly all the way to the ground. A large noice coming from the fuel pump/isolator. There was noservice history log book when we were told there would be. The last sticker on the vehicle windscreen is 2017. While not a part of the vehicle roadworthiness there are 3 large hydraulic leaks from the cherry picker on the back of the truck, which I verbally asked if anything was wrong with it.

The truck got delivered by haulage truck transportation and the truck driver said he was given special instructions on how to start and stop the vehicle, including stalling the vehicle to stop it.

The costs are looking substantial, approx. $9000 at this stage.

I read under Austalian Consumer law the vechile is to be of acceptable quality, does things that a person would normally expect (being turns on and off with a key) and safe (being registered with tires with tread).

Any advice please? Are we able to rescind the contract or sue for damages?

Attached is the advertisement.

 

[Tim W]

Unless you bought it from a dealer (you said "private seller", so I infer that you did not),
then this is not a transaction to which the Australian Consumer law applies.
So, forget that angle.

Hard truth be, you took a gamble buying it sight unseen, and you lost.
Buyer beware, as the saying goes.

That said, "buyer beware" does not operate to allow a seller to trick or defraud a buyer.
Thing is, even though the ACL is off the table, the general law of contract still applies.
Part of that is that both parties have to deal fairly and honestly with one another.
Could well be that the seller did not do that.

On that basis, you might (very, very might) have the basis for an action for deception in contract
(understand that this is different to misleading and deceptive conduct in the ACL).
Thing is, to run such an action, interstate, will cost you about as much as getting the repairs done.
On that basis, it might make more sense for you, in all the circumstances,
to pay a mechanic instead of a lawyer.

 

[Tim W]

(understand that this is as misleading and deceptive conduct in the ACL...).

This bit's a typo.
It should read

(understand that this is different to misleading and deceptive conduct in the ACL)