Considering it has only been 1 week,only a lawyer would try to complicate it to that extent.Remember we are commenting on the OP recollection of events.
bitsy_boffin,
Apr 19, 12:27am
If the seller doesn't come to the party then the ONLY course for resolution you have (unless it was really expensive) is the Disputes Tribunal.
Without knowing what happened exactly, nobody can tell you a likely outcome.The fact that he said that he was surprised it lasted a week is good and all, but without proof he said that, it's he-said, she-said.
realtrader1,
Apr 19, 1:26am
This hits the nail on the head!No point in taking anything for granted.Have to know the facts and until they are forthcoming, what can you really say.Can only speculate and go round in circles.
Eg, I sold a car years ago.It was in great condition.But you should have seen the way the purchaser took off down the road in it.Seriously, he was absolutely thrashing it!Unbelievable.And guess what!About a week later he came round to say his engine was knocking badly.I was able to remind him of the fact he'd been thrashing it.He agreed.I did the repairs and he paid for it.We need the facts!
gadgit3,
Apr 19, 1:39am
Nah I think you are giving faulse hope without knowing the facts.
elect70,
Apr 19, 2:23am
DT at best will go for 50/ 50 between parties(if other 1 turns up )even then not enforceable& has to go before district court to get orders against seller, not cheap exersize. CGact doesnt apply either .May beeasier to put itdown to experience.
a.woodrow,
Apr 19, 2:29am
No - if it was a private sale the new owner must prove that the vehicle was misrepresented. Providing service reciepts etc is not misrepresentation. The onus is on the new owner to prove this, not always straightforward regardless of the seller laughing about it after the fact
intrade,
Apr 19, 3:29am
also we dont know what car it is how old make model. As another engine could be cheap enough to find and fit unless its a (gdi mitsu$hitheap) with disputes tribunal also ask for distress-warrant. that will seeze the sellers bank-accounts to pay for the awarded money . otherwise he can pay 5$ and then you have to start disputes tribunal all over again.
lyonruge,
Apr 19, 3:35am
we havnt had a small claims court for years. It is called the disputes tribunal, and the cost is $20. to lodge a complaint. But if it was bought from an auction or not from a dealer, the cga doesnt apply, its generally caveat emptor, unless there was a misrepresentation in sale, which will be difficult to prove.
newtec1,
Apr 19, 4:40am
Like i said previous,we are only commenting on the OP recollection of facts,did you miss that part.
newtec1,
Apr 19, 4:45am
That is exactly what i stated,regardless what the court is called, it still operates in the same manner.If there was a misrepresentation in the sale it would be no problem to prove.I have been through the process as a third party,and lost on a technicalty,and this was 1 year after the sale by the previous vendor.
bubbles244,
Apr 19, 5:05am
Unless in the sale it was stated "As Is Where Is" then he has to be accountable for the statement of "good reliable runabout"
However proving it could be very costly as she will need to hire a professional to pull down the motor and tell her what exactly went wrong and how long it had been a likely time bomb.
if that is the case she is half way to a new engine anyway.
msigg,
Apr 19, 5:46am
Sorry dosn't look good. service records just mean that. Dad checked it out! . Life lesson I think. Sorry but shit happens. Hope she didn't spent too much. Your got nothing to loose execpt time/small amount taking it to small claims. Go for it. Maybe you could come to an arrangement. Blew up means anything. You need a mechanics accurate assesment/ did she blow it up the way she drives etc. Pie in the sky. All the best.
lyonruge,
Apr 19, 6:10am
Why would it be no problem to prove! I've been through it in the first person, and I won, In fact i wiped the arse of the complainant all over the courtroom floor.
supernova2,
Apr 19, 6:11am
Good reliable runabout is hardly Paeroa to Hamilton each day IMHO.I'd like to know what make model etc and want went wrong as well.Maybe its a pink one with mauve spots.They are just terrable especially when driven to Hamilton
newtec1,
Apr 19, 9:37am
I have been through in the first person with success too.If what the OP said is correct,and she can prove it ,she would have no problem,especially after such a short period of ownership.All she has to prove is misrepresentation at point of sale.
realtrader1,
Apr 19, 10:25am
Essentially, we need to hear from Margyr re make, model, engine no. kms, and garage info on what the cause was.No point in any further floating of ideas really at this stage.So, come along Margyr, let's have the info.
margyr,
Apr 19, 9:23pm
good morning, was at work till 7pm and have only just switched pc on, the make is a Toyota Corolla 1993 so should have been ok, she is not a girl racer so did not thrash the car in the short time she had it, I have not spoken to them today as to how they got on with cab, I am sorry I dont have loads of info to give you about the car, she has had it checked since the "blow up" by a mechanic who probably has given them a detailed account of whats what, the only info though that I have at this stage is what I have told you in orig post, but I will print this off and give it to them to read. Cheers everyone, I will let you know the eventual outcome.
newtec1,
Apr 20, 12:45am
I await with baited breath,hope it all works out.
msigg,
Apr 20, 5:11am
Well if its a corrolla then im guessing cam belt snapped/ or cooked motor, or very high milage and just worn.
thejazzpianoma,
Apr 20, 5:33am
No, those were an excellent car in their day but are very old now. Also, they suffer from something called "Toyota slob syndrome" in other words they are often bought by people who just abuse them and do no maintenance because they think they can.because its a Toyota.
If starting again I would suggest you take a lot less notice of the badge on the front and pay more attention to the age/km's and how its been treated.
For what you pay for a 93 Corolla you can often get something around 10 years newer in better condition thats a LOT safer in a crash. You just have to do your research, take your time and think outside the box.
Best of luck with it all.
BTW, I say the above having had two of that model Corolla.
sallycon,
Apr 20, 5:57am
We spent $300 on a Monday getting a warrent & service for our loving old 91 toyota family car which we owned for years, on the Friday it blew the heads. It happens :(
sallycon,
Apr 20, 5:57am
We spent $300 on a Monday getting a warrant & service for our loving old 91 toyota family car which we owned for years, on the Friday it blew the heads. It happens sadly :(
kazbanz,
Apr 20, 8:35am
Two points come to mind. The first being-what is actually wrong with the engine! The second being.-Given it a 93 corolla how much would it cost to get a replacement engine and fit it!
Since the public registrations are closed, you must have an invite from a current member to be able to register and post in this thread.
Have an account? Login here.