NSW What are my rights with Private Car Sale?

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Deb Stevens

Member
25 July 2019
2
0
1
We (husband and I) just sold a used car via Gumtree, something we'd done previously with no problems. However, on this recent occasion we encountered the following issue:
The buyer arrived to inspect the vehicle then took it for a test drive. We had advertised for $1100 as the registration had expired September '18 and also supplied the buyer with a new battery after informing him it was needed. He haggled the sale price down to $650 to which we agreed, then proceeded to drive the vehicle to our local RTA for a $25 rego/insurance cover note in order to drive it home. From there we followed him another 14 klm's up to the Pacific Highway/Newcastle motorway where we parted ways. Approximately 60 minutes later, we began receiving threatening text/email messages demanding a refund as the car had broken down and had to be towed.
We sold the car in good faith, not knowing of any mechanical issues other than it needing the battery.
The buyer and his brother have taken turns in threatening us with legal action, along with a threat to discredit my name on Gumtree?
I've since spoken with the latter who suggested I contact Fair Trading to protect myself...Fair Trading then put me onto Law Access (was told response time could be a few days) so decided to try here. I've never encountered a problem such as this before and don't appreciate the threats or continual harassment from these men. Any law advice as to our rights in this matter are appreciated.
Thank you in advance.
 

Lart

Well-Known Member
2 January 2017
22
1
124
Private sales do not come with any automatic warranty, so it is up to the Buyer to inspect the car before purchase to confirm that there are no problems. The only reason that they can legally obtain a refund is if the Seller misled them or lied about the condition of the car.
So basically if the Buyer was able to inspect the car, and you did not mislead them in any way about the condition of the car, then the buyer has no grounds to obtain a refund or sue you.
Keep a record of all the Texts and E-mails from the Buyer, if they become threatening (as in physical violence, or property damage) you should involve the Police.
 

Deb Stevens

Member
25 July 2019
2
0
1
Private sales do not come with any automatic warranty, so it is up to the Buyer to inspect the car before purchase to confirm that there are no problems. The only reason that they can legally obtain a refund is if the Seller misled them or lied about the condition of the car.
So basically if the Buyer was able to inspect the car, and you did not mislead them in any way about the condition of the car, then the buyer has no grounds to obtain a refund or sue you.
Keep a record of all the Texts and E-mails from the Buyer, if they become threatening (as in physical violence, or property damage) you should involve the Police.


Thanks Lart....the car had (to our best knowledge) no mechanical problems other than a flat battery to which we replaced on the spot.
Im definitely hanging onto all exchange of conversations and hoping they don't "carry on" any further....the joke is had they asked nicely my hub would have gladly met them to see if he could have assisted in any way but seems it was all about the $$$.