URGENT Question

[Rainman]

Hi all,

Need this question kinda answered urgently.

A friend bought a car "privately" that turned out to have gear problems, and needs some advice.

Here's the story - They've test drove the car a week ago and everything worked just fine. The car passed the road worthy checks.

Bought the car today and after a bit of normal driving they found that they can't even shift it to reverse and when shifting to 4th, it pops out when the clutch is released.

They've signed the transfer papers but have not handed it in to VIC roads. They've paid by cheque so it wont clear for 3 working days.

The question is - do they have the right to cancel the cheque and not hand in the transfer papers without any repercussions? Don't really care if they loose the deposite. This would not have passed the road worthy checks.

Thanks.

Edited August 11, 2007 by Rainman

[leasaunce]

If the car passed the road worthy checks and it was working perfectly on the day they bought it then there's not much the seller can do about it :( . This is why buying a car from a private seller is dangerous, car might work for couple of days, then what happen if it dies 4wks after? There's no 30 days money back guaranteed,etc...

so the only advice I can give them is to get it repaired and move on.... :(

Edited August 11, 2007 by leasaunce

[Rainman]

But this happened driving home from the buying the car. It hasn't even been 24 hours yet.

[leasaunce]

yeah?

but i'm 100% the sellers not liable for it, since it happened after signing all the documents. Also it depends what's written in the contract. My brother sold his WRX privately and on the contract it says something like "anything happen after this date, seller is not responsible".

[Rainman]

Dam, I thought so.

There was no written contract only a verbal one.

As far as Vic Roads knows the car is still under the sellers name cause they haven't handed in the transfer papers.

We'll see tomorrow when they talk to the seller to see where they go from there.

They could still cancel the cheque and rip-up the transfer papers and just throw the keys back to the seller and leave..... But...... we'll see tomorrow....

[CAP]

Nothing you can do once you've paid for it and taken it home.

[MR22ZZ]

it's a case of buyer beware I'm afraid.

[Tats]

Whiz through a few speed cameras then forward-date the transfer papers

(PS: don't actually do this)

[MT]

caveat emptor :(

[t0y0ta]

so what's happening with this?? did they get the money back?

[Lawz]

so whats the update?

All that can be done is that your mate should try to speak to the seller. Best way to go about it. Have the RACQ report handy too. Might be able to work something out with the seller. But I'd say it'd be highly likely as the seller might not want to lose out on the money.

Because I got my RACQ report done before I purchased my car last saturday. RACQ report didn't pick up anything about the left front disc/rotor requiring machining because it had bumps all over it causing squels almost every time I braked. Also the spare tire was said to be used and required new one when it was the originial one from Toyota and it had never been taken out. Nothing I can do about it though. So RACQ isn't really doing their job.

[Rainman]

We all met up with the seller and asked him to test drive the car.

And guess what, the same thing happened - Couldn't get it into reverse and 4th gear pops out.

We all then discussed what the best resolution will be.

The seller still wants to sell the car (of-course) and my friend still wanted to buy the car.

My friend knows the risk and is willing to take it.

So at the end they both agreed that a further $400 off the price will be sufficent enough to finally settle the matter. Both signed another contract taking out the responsibility of the seller after the $400 was given.

Apparently they don't test drive the car when you get it road-worthy in VIC that is.

Is this ture???

Bought the car to the mechanics and yes the tranny is stuffed.

Luckily they found a second hand one for about $700 with 6 months warranty.

So all good. Live and learn I guess.

Very hard buying a modded car.