Advice please

[mat1227]

Hi - help from the Oz collective would be very much appreciated

6 months ago we bought a nice old Ford Falcon, 1998. Had no issues with it, it was a pleasure to drive, rego was about to run out and we had no cash so sold it on Gumtree. Guy who bought it spent a long time looking it over, test driving etc and then took it away.

He called us today to say it failed rego, it had rust underneath and was going to cost money to fix and put through. Needless to say we had no knowledge whatsoever of the rust and sold the car privately in good faith. He now is fairly forcibly insisting we take the car back (a week after selling it).

My feeling is it's the sellers responsibility to satisfy themselves of the condition of the car, or this is the way it would be in the UK. Maybe get an inspection done prior to purchase. And anytime you're buying a 13 year old car with very short rego for $1800, you're probably going to have to budget for repairs come rego time.

Are things different here? Are we somehow obliged to take the car back?

It's getting a bit worrying and I'd like to know if we're being unreasonable? Tried NSW Fair Trading to get a position on it but they're shut

Mat

[Colonial]

NSW I take it?

He bought a private car without getting it inspected. He has to live with it.

You are not a car dealer and can't be expected to be aware of all faults prior to selling it, and are under no obligation to rectify those faults.

[custardtart]

As long as he hasn't specifically asked you about rust and you gave a misleading answer or advertised it in an unrepresentative way he must live with his decision or try to negotiate with you but I don't believe you are obligated to if you don't want to.

The law does not allow for someone to buy a vehicle on a weeks trial or subject to inspections unless you agreed to this. The new buyer would have to prove that you misled or deceived him either intentially or unintentially.

[rotorheadcase]

The guys are correct. The purchaser has the burden of proof that you were aware of the defect and intentionally concealed the fact from him. who's a sill boy for not doing a PPI!!

[TheArb]

mat1227 said:

My feeling is it's the buyer's responsibility to satisfy themselves of the condition of the car, or this is the way it would be in the UK.
Mat

[mat1227]

Ok thanks very much fairly clear cut then. He's being very pushy indeed, a little worrying so think we'll get the fair trading office or equivalent involved.

Cheers all

[custardtart]

mat1227 said:

Ok thanks very much fairly clear cut then. He's being very pushy indeed, a little worrying so think we'll get the fair trading office or equivalent involved.

Cheers all

Sorry if I've read your posts wrong but you seem a little hesistant/reluctant to confront this person. One of the things that's different here is that people are a bit more pushy, Australians are generally more brash and in yer face than poms and expect you to be the same, a swift eff off will probably end this matter.

NSW Fair Trade are the effective trading standards authority. Here's the link to their motor Vehicles section. It clearly tells the buyer to inpspect the vehicle, and what to look out for.

http://www.fairtrading.nsw.gov.au/Consumers/Motor_...

I doubt the NSW Fair Trade people will help you confront your buyer. They can offer advice but they will only tell you what you've been told here and are extremely unlikely to take a legal position on your behalf. Mostly they deal with buyers as you can see from all the advice on the website 9it's all in support of the buyer).

The onus in your case is on the buyer so the likelihood is they would be the ones contacting Fair Trade and using this link http://www.fairtrading.nsw.gov.au/About_us/Online_... to register a complaint against you which you would then have to defend.

Typically this means going through a mediation process but unless you've told porkies you should not be anywhere near going through this process.

Again, tell the guy to get lost, the ball is in his court, provided you've been straight the matter will be at at an end.

[Colonial]

As above.

Just tell him you weren't aware of any issues, but it was up to him to do a proper inspection. He didn't, so you have no obligation to fix it.

He could well have been aware of the faults and just needed a car for a couple of weeks and now wants to get out of it without paying a cent.

Basically, tell him to get stuffed and that is he continues to harass you, you'll seek alternative remedies to make him stop.

He'll back off. just trying it on.

[Google [bot]]

All of the above.

Also FYI, I have many dealings through the OFT and CTTT in my line of work. If he were to take any action, the first would be Mediation at the OFT, which is completely voluntary. His next avenue of recourse is the CTTT (Consumer, Trader & Tenancy Tribunal). Now, being as you are not a trader I don't believe he can correctly name you as a Respondent, and if he did try to that's probably all the defence you'd need to make it go away.

Tell him to stick his rusty car up his arse.

[mat1227]

Thanks very much for your help all - have lodged an online case with NSW Fair Trading for the time being, hoping they give us a clear third party view that will put the matter beyond reasonable debate.

Couple of PMs sent Re. specifics