View Full Version : How would you react?
meggie09
04-10-2009, 07:48
If you brought a car off a couple and a few weeks later became friends. We did just that and only had it a couple of weeks and got problems, and it wouldnt go. Thinking it wasnt major we saved for some part $600 worth only to find it didnt fix it. We took it to a mechanic yesterday and its the diesel pump which will cost $2000 + labour. The thing is he already knew what was wrong as the couple had taken it to him just before selling it to us and they knew, yet told us it had no problems. We only did 600km in it before it broke down. I am angry at this new so called friend and now dont think shes trustworthy. What would you do?
I'd confront them about it & tell them what the mechanic told you. You could take legal advise if you want to take it that far. But I wouldn't worry or feel bad about falling out with them, you've not known them long enough, they are the ones that have ripped you off!!:hugs:
meggie09
04-10-2009, 08:27
I'd confront them about it & tell them what the mechanic told you. You could take legal advise if you want to take it that far. But I wouldn't worry or feel bad about falling out with them, you've not known them long enough, they are the ones that have ripped you off!!:hugs:
thanks for that. I just thought i was over reacting. Its going to be walking for us for a while longer i think.
~BEXTER~
04-10-2009, 08:48
I also would confront them and tell them what the mechanic told you.
I would not consider them to be a friend.
I just hope they try to help you in someway.
Being a private sale, I would doubt you could take legal action, although if the pump is a roadworthy item, it should never have passed.
Did it come with a roadworthy/safety cert?
I too would confront them and tell them what the mechanic said. You've only known them a little while and they don't sound very nice so wouldn't worry too much about losing that friendship - you deserve better!
garfield13
04-10-2009, 09:46
I'd confront them about it & tell them what the mechanic told you. You could take legal advise if you want to take it that far. But I wouldn't worry or feel bad about falling out with them, you've not known them long enough, they are the ones that have ripped you off!!:hugs:
:iagree: That is just plain dodgy.
The car I had when I fell pg was having some problems, it was temp fixed but a proper fix would have been around $2000.
We had planned to sell it privately to get more money and could have done exactly what it sounds like these new 'friends' have done, but just wouldnt do that, so we traded into the dealer on the new car for a lot less money as they knew about the problem.
I would be taking it further if I was you
No you CAN take legal action regardless of whether or not it was a private sale,
Even if there was no written contract there are terms that are implied into a contract such as the sale of a car that aim to prevent people doing that - also the fact that the mechanic told the couple about the problem clearly demonstrates that they were aware of the issues with the car.
When you bought the car did they make any pre-contractual statements to you such as the car is in good condition etc, because if they made statements to you about the car and its reasonable condition then that would constitute deceptive and misleading conduct for which you can seek a remedy for
Confront them about it and if they dont pay for it, go see a lawyer
ETA: im only a law student not a practicing lawyer and I have to admit contract law wasnt one of my best subjects so i may not be entirely correct on all the technicalities but there are many lawyers on BH so im sure one of them can be more precise about it all, or else pop into the july 09 birth group chat we have heaps of lawyers in there
All the best
TripleTime
04-10-2009, 11:01
Being a private sale, you bought the car in a 'as is' condition. There isnt anything you can do.
UmmInayah
04-10-2009, 11:33
Take them to court. They lied. You have proof.
Take them to court. They lied. You have proof.
You can't just turn up to court and start sueing people, it takes time and money. For example if you were to sue someone for defamtion of character you are looking at an 18 month period until your case goes to court and around $40K in fees.
Theoretically you might have some kind of legal recourse, but in reality I'd probably not bother going down that path. I'd make sure the sellers know about your problems, give them the opportunity to buy the car back, or assist with the repair costs; if they fail to do so, wash your hands of them. You have lost out financially, it's a lesson learned for the future, get a mechanic to check the car out before you buy it. And as for them, karma will one day come along and bite them very hard on the ar$e.
UmmInayah
04-10-2009, 12:22
She asked what I would do. That's what I would do.
If the faulty pump is either a roadworthy issue or a safety cert issue which makes it unsafe to drive, that is certainly against the law.
Private sales are exactly that. No warranty, in 'as is' condition. That is why the prices are usually cheaper.
It's a case of buyer beware with private sale cars.
Take it back to the mechanic who issued the safety cert. Take it up with them would be my suggestion. :yes:
meggie09
04-10-2009, 15:13
We are not wanting to sue anyone. I just wanted to know how you all would handle the friendship situation. I mean the wife and i had actually become quite good friends and our kids play together and are around the same ages. i really just dont think i can trust her anymore. Dh is very good mechanically and when we looked at it it was fine. The mechanic said that it can take a while to stop completely. I guess we were just unlucky. i just dont know how people can live with themselves after theyve done something like this. Honestly if it was just an unlucky thing that happened, then so be it. But to find out they knew, thats what makes me cranky.
that is why you always get a NRMA check before buying from a private sale no matter what.
You might be able to take it to small claims tribunal though if you can prove they sold you a defective car.
TripleTime
04-10-2009, 21:36
You can't just turn up to court and start sueing people, it takes time and money. For example if you were to sue someone for defamtion of character you are looking at an 18 month period until your case goes to court and around $40K in fees.
Theoretically you might have some kind of legal recourse, but in reality I'd probably not bother going down that path. I'd make sure the sellers know about your problems, give them the opportunity to buy the car back, or assist with the repair costs; if they fail to do so, wash your hands of them. You have lost out financially, it's a lesson learned for the future, get a mechanic to check the car out before you buy it. And as for them, karma will one day come along and bite them very hard on the ar$e.
If the faulty pump is either a roadworthy issue or a safety cert issue which makes it unsafe to drive, that is certainly against the law.
Private sales are exactly that. No warranty, in 'as is' condition. That is why the prices are usually cheaper.
It's a case of buyer beware with private sale cars.
Take it back to the mechanic who issued the safety cert. Take it up with them would be my suggestion. :yes:
that is why you always get a NRMA check before buying from a private sale no matter what.
I could not agree more with these 3 Ladies.
A faulty pump will not cause a car to fail a rego inspection, its not a a safety issue. Yes the car wont run but its not sun safe. Brake pads down to the limiters is a safety issue, not a faulty pump.
As for the friendship issue, walk away. Its not worth the stress.
That is why i never buy a car off a friend or become friends with someone i have bought a car off.
You can call the Office of Fair Trading and speak to someone there, it won't cost you anything. I used to work there a while ago & we'd deal with these type of calls. Unfortunately I think the only thing you can do is go through the Claims Tribunal, as someone has mentioned.
In terms of the friendship, perhaps it wasn't intentional - maybe the mechanic told them the car would last another year or so in that condition? Maybe they couldn't afford to pay to fix it & felt their only option was to sell it. I would just speak to them openly about it, it doesn't have to be in a threatening way.
Our mechanic told my husband to "get rid of our car right away" as it had some major expensive problem and told us to sell it asap. I'm still driving it 6 months later.
delirium
05-10-2009, 08:00
We've been thru the very same thing, except the guy in the couple was good friends with my DH before he sold the car which made it so much worse. We also found out he knew. That was the end of the friendship between them. :yes:
Legally, the car is sold 'as is'. You probably should of got it checked. Don't feel bad, it took the same situation for us to learn to spend the 50 bucks to get it looked after.
Morally, that's a different story. They should of said something. I would say something to them if I were you. Give them the chance to fess up and offer to at least contribute to the repairs.
little_froglette
05-10-2009, 08:37
what kind of car is it?
i have a diesel nissan Patrol and i got my diesel pump replaced for $450 then labour on that, i think the total was about $750.
meggie09
05-10-2009, 08:39
what kind of car is it?
i have a diesel nissan Patrol and i got my diesel pump replaced for $450 then labour on that, i think the total was about $750.
its a turbo diesel landcruiser. Toyota dont miss with their prices.
Blonde Assassin
05-10-2009, 08:53
Toyota are very expensive repairers - can you find a service agent instead of going to the dealer? They'll be heaps cheaper, often will offer a guarantee & I find them better to deal with from personal experience..
You may be able to seek legal advice, however you have to be sooooooo be careful when buying a second hand car privately! Sometimes its worth getting assessed by a mechanic prior to purchase (they should only charge you around $80 for an inspection)
She asked what I would do. That's what I would do.
Yup and the same advice applies to you. Taking someone to court isn't like it is in the movies. It can be complex, expensive and timely.
meggie09
05-10-2009, 09:05
Toyota are very expensive repairers - can you find a service agent instead of going to the dealer? They'll be heaps cheaper, often will offer a guarantee & I find them better to deal with from personal experience..
You may be able to seek legal advice, however you have to be sooooooo be careful when buying a second hand car privately! Sometimes its worth getting assessed by a mechanic prior to purchase (they should only charge you around $80 for an inspection)
we will be buying a brand new one next time :laughing: we are a bit limited to where we can take it as 1. We are isolated and 2. The vehicle doesnt go. Its just so annoying as i have to travel 2.5 hrs for an antenatal app. And i have to go on the bus for the next one. Teach us for trying to stay out of debt, we should have gone brand new in the first place. Looks like its another 2 weeks on foot :(
delirium
05-10-2009, 09:08
Have you said anything to these 'friends' meggie? do they know?
Second hand cars are fine as long as you buy off someone reputable and get it checked out by a mechanic. All buying new does is make you waste money on taxes and cry everytime a rock hits the new duco lol. As for the friendship just rack it up to another life experience I am sure you will meet others just like this couple and some even worse!
I'd be upset too. I would mention it to them. It's not like you have years of friendship to throw away. If it were me, I wouldn't want untrustworthy friends but you never know, they may offer to give you some of the money back?
when they sold you the car did they tell you everything was ok with the car, or did they say nothing about the condition of the car
In a private sale you may buy the car in 'as in condition' but it does give someone the right to actually lie about the condition of the car i.e. there is nothing wrong with this car such a statement is false since they knew about the faulty pump and it is deceptive and misleading conduct for which you can legally seek a remedy for
Anyway if your not wanting to sue i wouldnt tell them that;) i would ask them if they knew about the pump i they say no tell them what the mechanic said, if they are any type of real friend they should at least be able to come to a compramise such as pay half or something like that, of there dont then there not worth your friendship IMO
You may have a cause of action if they misrepresented the state of the vehicle to you. The issue, of course, would be proving that they did represent that the car had no problems.
If you were interested in going down that path, phone your local Magistrates Court (or the equivalent depending on what state you're in) and ask if they have a small claims court or tribunal with jurisdiction to hear those sort of claims.
If so, you can DIY and it will cost you next to nothing.:D
(I know that's not what the OP asked, but it's become relevant through the course of the thread).
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