Advice on car issues

[Freshjivin]

Hey guys,

Long story short I bought a car from a member on here etc believing what he told me about the car was true, turns out it's going to cost 3grand worth of repairs...
Is it worth following it up legally as the seller is refusing to come to the table with anything, let alone hear me out with some options? I just feel like i'm copping the bad end of a deal here with no give from his side when I went out of my way to accomodate this guy too and in the end all I asked for was a car that would be safe for my family which obviously isn't...

Cheers

[Rufys]

Great example of buyer beware.

You've only got a chance against him if you can PROVE he was deliberately misleading.

[Freshjivin]

Yep I do after doing some digging, without going into specifics I have some posts stating that he realised the model of car it was and then a month later sold it as a different model (If that makes sense) and the issues he told me that the car had, were not even CLOSE to what the mechanics have picked up and a few other small details which I have evidence of on my phone etc in recordings and msg's. I realise now that I should've checked deeper when I first viewed the car but not being a mechanic or having that much in depth knowledge I left it up to the real mechanics who have now come back with a list of parts to be replaced costing me an arm and a leg just to make the car safe and roadworthy when I was told that all it needed for a roadworthy was height to be fixed. I was mislead throughout the whole saga which is why i'm so annoyed, I would rather know up front the issues with the item i'm buying rather than being swindled into buying someone elses mistake, plain bs..

[vkberlina]

Unfortunately its buyer beware, it should have had a check by a mechanic. I bought a car on face value knowing of repaired accident damage, not knowing it had had a bodgie repair that cost about $1000 to fix properly, ended up I got the car at a good price, wasnt happy but I look at it I now know the car is right and will serve me well in the future.
Scott

[FstStig]

When it comes to car selling, unless the person selling you the car is a Qualified mechanic and states only so much needs doing, then its pure tough luck. You should have requested a Roadworthy be done before buying the car. I'm lucky enough to know my way around commodores now to inspect them myself, but for a lot of other people this is not the case. Its why many cases get thrown out in court, because it is buyer beware. You buy the car with all Known and Unknown faults.

Black_Stig

[ClairBear]

As already said, if you decided to purchase a vehicle without having a mechanic check it over then that is your problem.

[Rufys]

Yep I do after doing some digging, without going into specifics I have some posts stating that he realised the model of car it was and then a month later sold it as a different model (If that makes sense) and the issues he told me that the car had, were not even CLOSE to what the mechanics have picked up and a few other small details which I have evidence of on my phone etc in recordings and msg's. I realise now that I should've checked deeper when I first viewed the car but not being a mechanic or having that much in depth knowledge I left it up to the real mechanics who have now come back with a list of parts to be replaced costing me an arm and a leg just to make the car safe and roadworthy when I was told that all it needed for a roadworthy was height to be fixed. I was mislead throughout the whole saga which is why i'm so annoyed, I would rather know up front the issues with the item i'm buying rather than being swindled into buying someone elses mistake, plain bs..

No you misunderstand. You have to prove he mislead you. Anything that was simply un-disclosed is not the seller's problem. For example, if the seller specifically told you there was no damage to the engine, you would not only have to prove the damage was there before you picked it up, but also prove that the seller KNEW what he was telling you was false. Sorry I wasn't clearer in my first post. It's going to be exceptionally hard for you to actually prove malice. If issues have since been discovered that simply weren't disclosed, that's your problem as the buyer - not the sellers.

EG: I sold a car with rust once. Was never asked about it by the buyer and I never disclosed it. If the buyer then finds rust later, they have no recourse on me.

[Freshjivin]

Well after speaking with my lawyer that i have used before on a previous issue similar to this I am able to lodge a claim similiar to my last one as the seller sold the car under the pretence that it was a different model than the car actually is, therefore making it false advertising. I guess at least I can get a claim out of that, considering I asked what was wrong with the car and was told that all it needed for a roadworthy was the height adjusted, therefore not disclosing what the mechanic had already told him needed doing as luckily enough I had run into the mechanic who had done his roadworthy just up the road who was said to be very strict. (which also was dodgy as he hadn't done a proper roadworthy on it either as my mechanic whom I asked to be thorough has picked up a lot more that was missed.)

Pretty much makes buying a car privately a lucky dip to those who aren't in the mechanic biz, no wonder people prefer to buy from a dealer still..

[ClairBear]

I am able to lodge a claim similiar to my last one ..

So this is not the first time you have done this? If so are you ever going to learn?

[Freshjivin]

First time i bought a car which was RACV checked and had a roadworthy, vic roads checked showed it as fine but noticed a few squeals and noises etc here and there so got it taken to my mechanic who looked it over and noticed some repairs had been done and were quite average and later found out that it was a repaired write off and repaired and done in NSW and brought here hence why nothing showed up on Vic roads records. Now this time around I did everything possible and not being all that good with engines (I work in IT) I have taken the car to the mechanics as soon as available and have noticed the issues stated, so I wouldn't say that I need to learn anything here, more so that i've been unlucky with two cars now, Yes I should've bought the car with a RWC but when the guy tells me that it only needed to be raised to pass the RWC and the mechanic down the road who performed the RWC tells me that only a handful of things need to be fixed, wouldn't you be be inclined to believe both a licenced tester/mechanic until your mechanic (which mind you was a 4.5hr drive away) can view the car?

So with little car knowledge but checking everything possible that I had checked, how else do you think I need to learn?

[Macca86]

Well why did you think some people prefer to buy from dealers? lol. Thats the reason exactly.
As far as private sales are concerned its tough luck usually. If you're not mechanically minded enough to inspect it yourself, you should have had the inspection and roadworthy done BEFORE you parted ways with your cash. Lesson learned I guess.
As far as him selling it as a model it isnt, didnt you actually check the VIN and all the details/specs of the model you thought it was? Or did you just look at the badge on it and presume it was? I always check these things before I purchase a car.

[Macca86]

Yes I should've bought the car with a RWC...

.... how else do you think I need to learn?

You answered your own question

[Banicks]

Solicitor retainer is around $1,000 recently. That's 1/3 your costs right there - without going to court or any other solicitor fees.

From that alone, no it's not worth it.

Name and shame as well please if you're saying it was a member here.

[VS_Pete_1]

Live and learn mate.
You are not the first and not the last.

[Macca86]

Name and shame as well please if you're saying it was a member here.

Just remember we dont know the full story yet. As far as the roadworthy goes, its not the sellers fault if the place he took it to said all it needs it the height fixed, and then the buyer takes it somewhere thats more picky and says it needs lots of other stuff as well. IMO the seller isnt at fault here, he was just repeating what he was told by the place he took it.
The whole selling it as 1 model when its another is a questionable issue though

[FstStig]

To the OP, Remind me to never sell a Car to you. No doubt you will find the tiniest rip in a seat and try and take me to court over it because I didn't tell you. Sorry but I think there is more to the story then what is being told. Would certainly like to hear the other persons side of the story.

[Freshjivin]

A bent K frame and welds in places to spot fix is nowhere near a "rip in a seat" mate, not to mention the air bag system being royally rooted and the bulb or something or other was taken out so that the error wouldn't show up on the dash.

I guess im just pissed off at the fact that you can't trust anyone nowadays but maybe if i clarify the whole model business it will make more sense. example ( This is an example but close enough not to be able to be dug up if anyone tried to look i guess). Post said "Selling VE SS" many times this was stated when in fact it was a Berlina, just with all the bells and whistles etc but me not knowing all that much about cars didn't realise but he after some digging of the sellers posts I realised that he had asked about the VIN number on here and found out that in fact it wasn't an SS that it was a Berlina but 1 month later, continued to sell it as an SS..now if that isn't misleading then I don't know what is...

[Freshjivin]

Live and learn mate.
You are not the first and not the last.

Pretty much this sums it up I guess.

[Freshjivin]

Example..
Original question regarding model: Note the dates
Vt vin number help?

Then realising what the car was in fact a Berlina: Note the dates
Vt vin number help?

Then his ad selling the car: Note the date also
For sale or swap 97 Vt ss

Read down further he has said that it passed a roadworthy and he told me at the time that they were quite strict out there as it's near an air base or some crap.
Now the report I got from the mechanics is a totally different story showing the car in a VERY unsafe state, I have two young children and I wouldn't risk their lives so preferred the car to be checked properly and although i'm paying the price i'm glad I got it checked if it's going to be dangerous to anyone, including any other drivers on the road if god forbid an accident were to happen.

[Reaper]

Hey guys,

Long story short I bought a car from a member on here etc believing what he told me about the car was true, turns out it's going to cost 3grand worth of repairs...
Is it worth following it up legally as the seller is refusing to come to the table with anything, let alone hear me out with some options? I just feel like i'm copping the bad end of a deal here with no give from his side when I went out of my way to accomodate this guy too and in the end all I asked for was a car that would be safe for my family which obviously isn't...

Cheers

Yep I do after doing some digging, without going into specifics I have some posts stating that he realised the model of car it was and then a month later sold it as a different model (If that makes sense) and the issues he told me that the car had, were not even CLOSE to what the mechanics have picked up and a few other small details which I have evidence of on my phone etc in recordings and msg's. I realise now that I should've checked deeper when I first viewed the car but not being a mechanic or having that much in depth knowledge I left it up to the real mechanics who have now come back with a list of parts to be replaced costing me an arm and a leg just to make the car safe and roadworthy when I was told that all it needed for a roadworthy was height to be fixed. I was mislead throughout the whole saga which is why i'm so annoyed, I would rather know up front the issues with the item i'm buying rather than being swindled into buying someone elses mistake, plain bs..

Unless he presented the defects as a complete list or the owner knew of other defects and hid them then I think you might be in trouble. Caveat emptor springs to mind.

Well after speaking with my lawyer that i have used before on a previous issue similar to this I am able to lodge a claim similiar to my last one as the seller sold the car under the pretence that it was a different model than the car actually is, therefore making it false advertising. I guess at least I can get a claim out of that,

maybe. Just out of interest, what did he claim and what was it really???

First time i bought a car which was RACV checked and had a roadworthy, vic roads checked showed it as fine but noticed a few squeals and noises etc here and there so got it taken to my mechanic who looked it over and noticed some repairs had been done and were quite average and later found out that it was a repaired write off and repaired and done in NSW and brought here hence why nothing showed up on Vic roads records. Now this time around I did everything possible and not being all that good with engines (I work in IT) I have taken the car to the mechanics as soon as available and have noticed the issues stated, so I wouldn't say that I need to learn anything here, more so that i've been unlucky with two cars now, Yes I should've bought the car with a RWC but when the guy tells me that it only needed to be raised to pass the RWC and the mechanic down the road who performed the RWC tells me that only a handful of things need to be fixed, wouldn't you be be inclined to believe both a licenced tester/mechanic until your mechanic (which mind you was a 4.5hr drive away) can view the car?

shit no. So you did know of "a handful of other things needed to be fixed" before you bought the car? If you can prove the seller knew of those "few little bits" you *might* have a chance to get him to pay for those repairs (usually you need to give him the opportunity to fix them first which might mean a 9 hour return trip on your behalf + fixing time whilst you take the car back to the place of purchase - for you to evaluate if it's worth it or not.

Solicitor retainer is around $1,000 recently. That's 1/3 your costs right there - without going to court or any other solicitor fees.

From that alone, no it's not worth it.

Name and shame as well please if you're saying it was a member here.

Absolutely not. So far only one side of the story and I'd suggest such things be refrained from.

Reaper

[S.T.K.E]

Absolutely not. So far only one side of the story and I'd suggest such things be refrained from.

Reaper

Pretty Sure he Just Did in the post above

[gossie]

Sounds very like buyers remorse to me.

No RWC, little knowledge of cars, no mechanic to check it before purchase, had a "problem" in the past........what more can I say.

[vkberlina]

I think the car isnt too bad, I wouldnt be too worried SS or Berlina appart from 1 letter on the VIN there isnt much difference between what you have and an original. Value wise unless it was a bog stock SS yours has been played with a fair big so I would say value about the same.

SS based on executive, You bought a Berlina with SS interior not much difference between them, except belina gets a few extra options
Odds are its a 179kw 5l roller motor and someone has dressed it up with SS interior, HSV 195i engine covers etc The previous owner may have done the airbags and the guy you got it off may not have known. I think the previous owners has seen the HSV covers and said oh ok its 195kw HSW engine so he needs a wack over the head with a wheel brace for being dumb.

K frames are welded together some were even a little rough from factory, it could have been in an accident, hence the airbags, bent K frame etc, I would have a really good look around the front end for signs of accident repair.

A good secondhand K frame shouldnt be hard to get, new springs to raise it up to the correct height, and airbags, shop around and locate secondhand units from wreakers etc, new old stock ones, then making sure the sensors and all are connected up wont be too big a deal I could see you spending a couple of grand on it, seeing the price drops the previous owner was doing What did you end up paying for it,if you got a bargin whats it matter spending a couple of grand on it to bring it up to scratch?


I think the previous guy needs a new mechanic, secondly you need a wack over the head with a wheel brace for taking it to his mechanic for a purchase inspection, you should have taken it to any other mechanic that him.

And the other NO BRAINER coming from an IT background myself, I would have looked at his post history and seached the forum about the car to see if anything came up about the car, the internet is a lovely place ESP search on the forum http://forums.justcommodores.com.au/...archid=1249038

By the looks of his posts he didnt have the car long I would have asked why

As this story unfolds there is getting more and more info it would be nice to hear the previous owners side

Scott

[Reaper]

Example..
Original question regarding model: Note the dates
Vt vin number help?

Then realising what the car was in fact a Berlina: Note the dates
Vt vin number help?

Then his ad selling the car: Note the date also
For sale or swap 97 Vt ss

Read down further he has said that it passed a roadworthy and he told me at the time that they were quite strict out there as it's near an air base or some crap.
Now the report I got from the mechanics is a totally different story showing the car in a VERY unsafe state, I have two young children and I wouldn't risk their lives so preferred the car to be checked properly and although i'm paying the price i'm glad I got it checked if it's going to be dangerous to anyone, including any other drivers on the road if god forbid an accident were to happen.

Pffft - should have taken the RWC option. As for the model - there is around $2k difference in their relative values - I don't know how much you paid. I'd try to get your money back and give him back the car if it means that much to you. Unfortunately it sounds like a round trip to Lake Boga if he agrees though. You *might* have a chance thru Vcat as a cheaper legal alternative but you need to be good at explaining your case clearly and concisely.

Reaper

[Freshjivin]

I think the car isnt too bad, I wouldnt be too worried SS or Berlina appart from 1 letter on the VIN there isnt much difference between what you have and an original. Value wise unless it was a bog stock SS yours has been played with a fair big so I would say value about the same.

SS based on executive, You bought a Berlina with SS interior not much difference between them, except belina gets a few extra options
Odds are its a 179kw 5l roller motor and someone has dressed it up with SS interior, HSV 195i engine covers etc The previous owner may have done the airbags and the guy you got it off may not have known. I think the previous owners has seen the HSV covers and said oh ok its 195kw HSW engine so he needs a wack over the head with a wheel brace for being dumb.

K frames are welded together some were even a little rough from factory, it could have been in an accident, hence the airbags, bent K frame etc, I would have a really good look around the front end for signs of accident repair.

A good secondhand K frame shouldnt be hard to get, new springs to raise it up to the correct height, and airbags, shop around and locate secondhand units from wreakers etc, new old stock ones, then making sure the sensors and all are connected up wont be too big a deal I could see you spending a couple of grand on it, seeing the price drops the previous owner was doing What did you end up paying for it,if you got a bargin whats it matter spending a couple of grand on it to bring it up to scratch?


I think the previous guy needs a new mechanic, secondly you need a wack over the head with a wheel brace for taking it to his mechanic for a purchase inspection, you should have taken it to any other mechanic that him.

And the other NO BRAINER coming from an IT background myself, I would have looked at his post history and seached the forum about the car to see if anything came up about the car, the internet is a lovely place ESP search on the forum http://forums.justcommodores.com.au/...archid=1249038

As this story unfolds there is getting more and more info it would be nice to hear the previous owners side

Scott

Cheers mate, (*lines up for a whack on the noggin*). It's a nice car nonetheless but I bought it believing it to be an SS, simple as that. Estimate from the mechanic so far is at a couple of grand as it looks like it may have been in an accident so he's going over it fully and once he gives me the full details i'll post it up here.

I'm accepting that i've got to cop this one on the chin so thanks for the replies, no need to say "oh wow your an idiot, how could you not notice this stuff" as I could tell you just about anything to do with IT/Computers etc and I did actually check most of his older posts just to see if anything in terms of problems with the car or items that had been fixed were up but at the time must've missed the post about the VIN number. When it comes to cars they get me from A to B, that's about it so I checked what I thought was needed to be checked until a time of which I could get it to my mechanic and did as soon as I could.