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

 

[Tatiana]

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..

 

[Tatiana]

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?