| Author |
Message |
Will Adams
DieHard
WA
S80 T6 (Twin Turbo)
Posts: 924
Reg: 02-2006
|
I have messed up big time I think.
I have signed a contract for sale to purchase a vehicle. However I did not put down any special conditions (i.e. RAC check) and hence have now left myself in the sh!t). The car generally checks out very well, except it does have an oil leak (in possibly 3 places), rotors on the front of the car that have been machined back to or below the legal limit. As far as verbal sh!t goes, I'm lost there as it is word against word.
The dealer has advised that they could fix these issues, but I am uncertain as to whether I should buy this car as it would appear to be a time bomb waiting to explode. Now as the car is "technically" not road worthy because of the rotors being at/below the legal limit, do I have a case?
I am going to call consumer affairs tomorrow and find out more information, but just wanted to ask the question if anyone has come across this before. |
Brian Timms
DieHard
New South Wales
TT Soarer Goodness.
Posts: 583
Reg: 12-2006
|
Dealer???
There is always at least a 7 day cooling off period you can fall back on, BUT this is NSw law, not 100% sure about W.A, give me 30 minutes to research and confirm....
B. |
Will Adams
DieHard
WA
S80 T6 (Twin Turbo)
Posts: 925
Reg: 02-2006
|
WA laws don't have a cooling off period. |
Brian Timms
DieHard
New South Wales
TT Soarer Goodness.
Posts: 584
Reg: 12-2006
|
When you buy from a dealer, a car that costs $4000 or more, is less than 10 years old, and has travelled less than 150,000 km, comes with a three-months, 5000 km statutory warranty. If it costs $4000 or more, is between 10 and 12 years old, and has travelled between 150,000 and 180,000 km, it has a one-month, 1500 km statutory warranty.
There's no cooling-off period once you've signed the purchase agreement.
Title register and debt check: REVS, 1300 304 024.
Motoring organisation: RAC of WA, 13 17 03.
Consumer and Employment Protection: 1300 304 054.
Your in trouble... you might be able to get them with the 'car not as described, not legal issue, but otherwise not sure, sorry man.. |
Will Adams
DieHard
WA
S80 T6 (Twin Turbo)
Posts: 926
Reg: 02-2006
|
I have spoken with the dealer and he has advised that they will fix these problems. I have asked for this in writing, and for us to then both sign this agreement to cover the issue. |
Paul Fitzsimmons
TryHard
nsw
12/96 vvti single
Posts: 130
Reg: 08-2005
|
Just walk away, don't give away your money for a car you don't want. |
Will Adams
DieHard
WA
S80 T6 (Twin Turbo)
Posts: 927
Reg: 02-2006
|
Unfortunately Tim I can't walk away as I did sign the contract. I like the car and am impressed by it, I just want to make sure it is in good condition before taking it home and not expect any trouble in the first few weeks/months of owning it. If I did just walk away I would have to pay 15% of the price to cover the Dealers losses as what it says in the contract. |
Callum Finch
Goo Roo
WA
Soarer TT & Corolla
Posts: 3220
Reg: 09-2005
|
Tim? |
Adam Peterson
DieHard
Western Australia
Bugatti Veyron
Posts: 964
Reg: 04-2006
|
Will, whos the dealer ?? |
Will Adams
DieHard
WA
S80 T6 (Twin Turbo)
Posts: 928
Reg: 02-2006
|
Adam the car is being purchased from Aberdeen Motor Auctions. |
Luke Nieuwhof
Goo Roo
WA
Soarer TT
Posts: 2255
Reg: 07-2005
|
Will, ring Consumer Affairs, they would be best to give advice. I'm pretty sure car contracts have a cooling off period of sorts. |
Miles Baker
DieHard
Vic
66 Mustang GT Convertible, 55 Chevy Bel Air, 69 Firebird 455, 73 Corvette 4sp T-Tops
Posts: 726
Reg: 08-2005
|
If they are supplying a roadworthy certificate and it is not roadworthy, and they refuse to talk about it (though it sounds like they are stepping up), find out who governs the roadworthy certificate licencing board and go nuts. |
Peter Nitschke
JunkFilterer
South Australia
GT4.0 V8
Posts: 8259
Reg: 11-2004
|
Where are the oil leaks? |
Adam Lonergan
DieHard
Victoria
UZZ32
Posts: 533
Reg: 08-2005
|
Just turn up with a mate and a professional looking video camera. Start recording stuff and see how you go from there.  |
Byron Clarke
TryHard
NSW
VVTi Turbo Manual
Posts: 285
Reg: 12-2006
|
Most of my friends work in Used Car Sales and let me tell you - the name of the game is to see how much you can rip people off!
No joke they sell 2nd hand Camry's for 1000's MORE than the brand new price!
Buyer Beware - I would never buy through a dealership (except through one of my best mates).
Trust me people be aware. |
Adam Peterson
DieHard
Western Australia
Bugatti Veyron
Posts: 968
Reg: 04-2006
|
Will, this is their terms and conditions:
CONDITIONS OF SALE
1. The highest bidder shall be the purchaser, provided that such bid has reached the reserve price and on the
fall of the hammer a deposit must be paid.
2. The vendor reserves the right to bid for any lot.
3. Time shall be the essence of the sale.
4. The auctioneer may without reason refuse to accept the bid of any persons and may decline an offer for
any lot or withdraw any lot from sale.
5. Should a dispute arise on any bid, the relevant lot or lots may at the opinion of the auctioneer be put up
again and resold.
6. At the discretion of the auctioneer every bid shall be at least 5 percent in advance of the previous and no
person may retract a bid once made.
7. Upon the fall of the hammer each buyer shall
8. Where dates of payment or collection fall on a Saturday, Sunday or public holiday, the nearest working
day following shall be the day on which the conditions of sale apply.
9. As all of the lots have been available for inspection prior to the commencement of the auction, no allowance
or refunds will be made, nor will any buyer be permitted to reject any lot on the grounds that it is not
correctly described in the catalogue. While due care and attention is taken during the preparation of the
catalogue, the said lots are purchased with all faults at the buyer’s risk on the fall of the hammer.
10. The vendor accepts no responsibility for the safe-guarding of goods stored at the auction site and shall not
be liable for any loss or damage to the goods whether such loss or damage is caused or contributed to by
any act of vandalism or through the neglect or default of the vendor, its servants, employees or agents.
11. Goods not collected by the specified times may or without prior notice to the purchaser and without prejudice
to any other rights of the vendor, be resold by the vendor. All associated resale costs and charges shall
12. be incurred by the original purchaser.
Care is taken to provide accurate descriptions of all lots however no responsibility is accepted. Buyers
should satisfy themselves prior to sale as to the condition of each lot and should exercise and rely on their
own judgment as to whether the lot accords with its description. None of the vendor, Auctioneer, their
servants, employees or agents are responsible of errors of description or for the genuineness or
authenticity of any lot. No allowance or refunds shall be made nor will any buyer be permitted to reject any lot.
13. The vendor or auctioneer shall not be responsible for any accident to any worker or any other person
sustained during the removal of any of the items, or during the period of inspection or sale. Members of
the public attend at their own risk.
14. All cheques and all other monies outstanding at the end of the auction are to be made payable to
15. The vendor makes
While all care is taken in
the preparation of vehicles, it is the purchaser’s responsibility to ascertain the condition of any vehicles
prior to the commencement of sale.
16. Should any purchaser fail to comply with any of the above conditions, all monies received in part payment
may be forfeited to the vendor, such uncleared lots may be resold by public auction and any deficiency
resulting from such resale together with all costs and charges shall be made good by the defaulter.
17. Each bid accepted by the auctioneer will be a bid inclusive of GST. The sale price bid by the successful
bidder will include GST. A complying Tax Invoice will be provided for all vehicles sold, except for vehicles
that have been consigned by a private seller with no Australian Business number: prior to accepting bids
on private consignments, the auctioneer will indicate that the invoice to be issued to the successful bidder
will not be a Tax Invoice |
Callum Finch
Goo Roo
WA
Soarer TT & Corolla
Posts: 3222
Reg: 09-2005
|
Miles Baker wrote on Friday, August 17, 2007 - 12:34 am:If they are supplying a roadworthy certificate and it is not roadworthy
We dont need them in WA. Works great when i want to sell off my old bomby cars =P |
Will Adams
DieHard
WA
S80 T6 (Twin Turbo)
Posts: 929
Reg: 02-2006
|
Adam it's not being purchased as a bid. The car itself has not gone to auction, but is being sold by the company before going to auction. |
David Vaughan
Goo Roo
ACT
V8 Ltd manual
Posts: 3383
Reg: 07-2005
|
There is no point going to Consumer Affairs on the basis that the car is unroadworthy or not fit for sale, on the simple fact (stated twice by Will for the hard of reading) that the dealer has promised to fix the relevant problems before handing over the car. It will, in fact, be roadworthy and fit for sale (but check the fixes). Will needs to get that in writing and that is exactly what he has said he is doing. I suggest, Will, that you put the "subject to check" clause in the agreement you are about to sign, so it at least covers the current repairs if not anything prior. |
Daniel Czechowski
Goo Roo
Western Australia
Soarer GT-T (sold  ) & IS300 Sports Luxury
Posts: 2853
Reg: 07-2005
|
Couldn't you be able to fix those problems under the three month statutory warranty anyway? |
Will Adams
DieHard
WA
S80 T6 (Twin Turbo)
Posts: 930
Reg: 02-2006
|
Daniel due to the car being 9 years old, and 157000kms, would only then get covered by a standard 1 month statutory warranty.
I would have to check with Consumer Affairs as to whether or not I could put this into an already signed agreement.
On the other hand I do have a fax from the company, with their letter head and signed by the dealer to have the repairs done. |
Richard Baird
TryHard
Perth, WA
V-Sex
Posts: 341
Reg: 07-2005
|
Will did you get the pink slip to sign...(which is normally in the window with year, kms and price?.....that will indicate if there is any obligation for the dealer to warrant the vehicle.
How do you know that the rotors are below legal limit anyways? |
Will Adams
DieHard
WA
S80 T6 (Twin Turbo)
Posts: 931
Reg: 02-2006
|
By law the dealer has to provide that warranty as well as the state law indicating an "implied warranty".
I found all this information out by having RAC do a full check of the vehicle. |
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