Hi, I've searched and seen lots of Dealer vs 'as is where is' vs condition discussions, but not in regard to a private sale. Need someone to tell me where I stand legally.
I bought a vehicle a couple of months ago with a 3 month old WOF. The vehicle was not sold 'as is where is'. It was a private sale.
It comes to light now that there is severe chassis rust. It is obvious that this rust was there for the previous WOF and that the vehicle should not have passed.
I suppose the seller can tell me that 'it passed its WOF and so I didn't know' - despite my guess his mate did the WOF.
Can I do anything that might lead to some kind of recompense!
haventrader,
Mar 12, 3:04pm
Without quoting any legal terms, I would say you have no grounds for recompense. If the car was advertised as "immaculate, like new etc etc" only to find the issues you state, then there might be a way, but you would need to prove the seller had known of these faults prior to selling. It would be different if the car was from a dealer. Just my 2 cents worth and stand to be corrected.
gulf77,
Mar 12, 3:08pm
Here is what the ad said, which I still have a copy of:
elvis58,
Mar 12, 3:09pm
I hate to say it but you will have some comeback with the warrant issuer if the problem is extensive enough to have been present when the warrant was issued. Rust in the chassis would certainlymake it not fit for the road or the perpose for which it's designed.Maybe put it through for a fresh warrant and ask the inspector. What type of vehicle!
haventrader,
Mar 12, 3:17pm
I assume the seller did you give the opportunity to inspect the car prior to purchasing! The seller will claim that he repaired all rust, and that he had no knowledge of any rust on the chassis, or that the chassis started to rust after you bought the car. You often hear of people having bought a lemon.afraid this may be your one. Many years back in the UK I bought a car off ebay. It was mid winter, met the seller at a station in London, briefly went outside to "inspect" the car in the dark, rain and wind, and bought it, only to discover the next day that the tyres were smooth, interior seats torn, wheel nuts (covered by hub caps) were missing etc. I called the seller and said I wanted my money back. A lawyer mate of mine told me there was nothing I could do. I would assume the same applies here. Hope someone comes up with better news for you though.
gulf77,
Mar 12, 3:27pm
It is as a result of trying to get a WOF today that this has come to a head. The guy who did the WOF today was horrified.
It is an 84 Landcruiser FJ40.
gulf77,
Mar 12, 3:32pm
Yeah, I have considered his angle.
toyboy3,
Mar 12, 3:43pm
coming up 27 years old of course there will be rust
haventrader,
Mar 12, 3:44pm
I'd probably be the same buying one of those. My heart would be buying not my head, and won't see the obvious.
shaun16,
Mar 12, 4:15pm
i doubt you have any comeback especially on an old vehicle like that. probably more rust than metal
elvis58,
Mar 12, 4:56pm
Considered that but surely something that passed a warrant only 5 months ago shouldn't have become horrific that quickly during summer and under normal circumstances!
franc123,
Mar 12, 6:52pm
Three words, Pre Purchase Inspection.While there is no excuse for dodgy WOF issuing, buying a 27 year old Toyota thats likely to have been used in corrosive environments without checking it thoroughly was a bit foolish. Most of those things only come on the market because they are stuffed and WOF/mechanical repairs are imminent and the seller wants to get some sucker to pay top $ for it while they still can.Seen it time and time again, the used Hilux/Hiace market is equally as bad if not worse.Some of them are also very clever with bodyfiller and underseal too.
40wav,
Jul 13, 12:13am
'Bugger."
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