When Buying a Car. Is it reasonable to ask for a new wof i was interested in purchasing a vehicle that had a warrant expiring in
gymee1,
Feb 24, 6:27pm
is it reasonable to ask for a new W.O.F. I was interested in purchasing a vehicle that had a warrant expiring in April. I asked the seller if he would get a current Warrant. Well he went completely of his trolley, citing that the present one was good enough.
sw20,
Feb 24, 6:37pm
Unless the car was dirt cheap compared to others, not unreasonable at all. I usually make a condition of sale a brand new WOF before I hand over the reddies.
He's quite right. His WOF is perfectly "current". What you should be doing is asking nicely if you could arrange to have a pre purchase inspection done on his car. That legislation only says "should" not "Must" so therefore most normal people are not concerned with it. Although you could possibly use it as a bit of last resort bargaining, only two months WOF left how about 50 bucks off etc.
fiatracer,
Feb 24, 7:01pm
of course it's reasonable to ask for the car to get a new WOF if that's what you want - but NOT after you've bought the car. I reckon it's a perfectly good bargaining point.
kazbanz,
Feb 24, 7:07pm
Sorry to seem like an argumentative bleeep. If you look at the actual legislation its pretty clear cut. UNLESS a vehicle is sold on an as is where is basis -(as indicated in the advertising) then regardless of being a private seller or a dealer the vehicle MUST have a WOF less than one month old. OP-my advice here is that if you arent a person with mechanical knowledge then if the seller wont sell the car to you with a new WOF then VERY loud alarm bells would be ringing. Incidently ask if its ok to get an AAmechanical inspection. The reaction of the seller will tell you loud and clear if you should go ahead or not.
daryl14,
Feb 24, 7:16pm
I've asked on here before Kaz but never got an answer from anyone. For vehicles sold on trade me or anywhere else privately, isn't AIWI implied anyway (legally speaking) whether you add it into the description or not!
Has anyone ever had a comeback on a vehicle seller because they didn't put AIWI in their add!
kazbanz,
Feb 24, 7:27pm
Have a read of the very LONG thread on here.Its a pretty extreme example I guess.Have a look at DT rulings-youll have to dig through a bunch of other stuff to find them but they are there.
jason18,
Feb 24, 7:45pm
What a random seller. Unless he knows it wont pass its next warrent im sure most sellers if you agreed to buy it would put a new Wof on a car for a sale. I know I would for sure!
daryl14,
Feb 24, 8:01pm
Had a quick look at a few DT rulings. Plenty of cases where vehicles sold "as is where is" have had mechanical issues and the DT have ruled that the car was mis represented and the seller to pay refund.
eg: The tribunal was satisfied the engine was so badly damaged it wasn't worth fixing and said xxxx's attempt at selling the car on an ''as is where is'' basis was ''ill conceived and unlawful''.
SO that tells me AIWI doesn't save your ass if you misrepresent the condition. What then is the point of AIWI!
kazbanz,
Feb 24, 8:06pm
Its like everything in life. AIWI wont protect you from telling lies.
daryl14,
Feb 24, 8:09pm
So I'm thinking there's no point at all in putting AIWI or caveat emptor. It's a waste of time!
kazbanz,
Feb 24, 9:27pm
nope--because aiwi allows you to sell with no wof or short wof etc
westwyn,
Feb 24, 11:10pm
There's confusion over the whole as-is where-is scenario, with the METHOD of sale. As the law currently stands, ANY motor vehicle sold must have a WOF issued not more than 28 days ago prior to the date of sale. Private-dealer doesn't make any difference. However, as a PRIVATE seller, you CAN advertise the vehicle for sale on an as-is where-is basis, but (within the law) this must be stated within the terms of sale and adertised as such.
Traders (Dealers) are a little different- to sell on as-is where-is basis, we must sell the vehicle via competitive tender, or auction. Selling with a fixed-price (ie listing a price you can buy at, or negotiate) is deemed to be a a "retail" sale, you can't negotiate out of the requirement to provide a new WOF (or, for that matter, the CGA).
As the law currently stands, to sell on an as-is basis, a Trader has to resort to tender, or auction. These methods are deemed to not be a "fixed price" sale method- in the process of bidding, or tendering, for a car, the buyer dictates theprice they wish to pay, not the vendor. In these cases, as-is also means the WOF requirements are void. Again, the proviso is that the terms of sale are clearly acknowledged to a potential bidder or tenderer prior to sale.
franc123,
Feb 25, 2:37am
He knew it wouldn't get another one without spending money!Probably best to move on, it was no doubt why it was up for sale in the first place.
chook90,
Feb 25, 2:41am
Really who gives a toss about what the law requires or otherwise. YOU are the one holding all the aces here, you have the money, the seller wants your money. If they flip the lid at getting a new WOF when the current one is more than halfway through its time then take your money to someone who has less to hide.
gymee1,
Feb 25, 3:09am
Thanks Folk for your input, and the main reason was that other aspects of the car were different to what was advertised.
morrisjvan,
Feb 25, 3:10am
A wof only costs $30-$40 so if the seller won't get a new one,it is because he knows, ( or suspects) that it won't pass one! So no problem ,just don't buy it .
kazbanz,
Feb 25, 3:38am
RUN GYMEE RUN
daryl14,
Feb 25, 8:02pm
Cheers Westwyn, Oh cool, so in an auction you don't need a 28 day or less WOF and you don't need to put AIWI - it's a waste of time.
And on a classified listing you need the 28 day or less WOF OR AIWI. However I still maintain the rules for WOF say "should" and not "must".
I think this should be spelled out when you go to list a car on here.
Of course the buyer still has recourse against a seller who has mis-represented a car/sale.
gymee1,
Feb 26, 2:36am
I'm Still Running,LoL
kazbanz,
Feb 26, 2:35pm
That ya go
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