Cases like the TA's reminds one why paying the towie to take a car to a wrecker might be the cheaper option. The TA's car purchaser can negotiate for spare parts with a wrecker etc. ------------------------ Also for the TA this is why dual sim card phones exist or block their number etc.
gazzat22,
Jan 28, 4:06pm
Actually a private seller has very little if any legal responsibility to disclose any of the facts about the car from ownership to condition.It is case of Let the Buyer Beware.One reason to buy from a reputable licenced dealer. Maybe just maybe the seller has a moral obligation but not a legal one.
nice_lady,
Jan 28, 4:50pm
This is completely incorrect. New Zealand has what's known as 'Single Party Consent'. This means that you can record any conversation WITHOUT telling any other involved party - but you MUST be a part of that conversation. Thus a telephone call can be entirely legally recorded without notifying the other party. ANY conversation can be recorded so long as you are part of that conversation and you do NOT have to notify anyone you are recording it. Look it up if you don't believe me - Google is only a couple of keyboard clicks away.
marte,
Jan 28, 5:05pm
If the seller didn't disclose a 'known fault' then there's a possibility of winning a small claims case. But, first, the seller has to know that there's a fault with the car, and not mention it, in fact say that there's no faults at all. Saying " as far as I know, there's no faults with the vehicle" is enough to cover the seller IF that's true. Intentionally misleading the buyer about known faults is a different matter.
Obviously in cars, faults can happen instantaneously, without prior advance notice, soon after a sale. Tough luck for the buyer.
But, in the OP's situation, they gave up a amazing amount of detail about a very well maintained car and ' as far as they knew, there was no current faults with it, and it hadn't been showing any faults immediately previous to the sale. '. And that it had been maintained by proper qualified mechanics. Who would have noted any faults.
Still, the buyer has not given any more detail ( as far as I know ) about this 'fault' other than word of mouth by a unknown person about a vague sound, that could be anything, including normal operation of the car itself.
It was several days & hundreds of Kilometers of driving after the sale, at which they had said that they ' were happy with the vehicle' & now even more time & kms later, raise a 'situation' that could be anything as simple as nothing, to leaving the petrol cap loose, but without much detail as to the problem.
The buyers got no recourse here, if a lightbulb blows 5 minutes after buying the car, the buyer fixes it. ~~~~~~ Years ago I sold a car, unwarrantable, no rego, many faults, Inc a clicking Cv joint for the last 4000 kms ( but it had a fantastic aircon system! ) for $50 ' as is' 5 weeks later, of driving it about, the guys missus wants me to "Fix the CV joint under warranty". I offered her her "Monny back guarantee" I saw as she did the mental calculations that knowing that she could drive it into a scrapmetal dealers & get $100 for it. She puts it in gear & takes off without a word. Clickity click.
franc123,
Jan 28, 5:50pm
^^ That'll learn them. I like that approach, say yeah OK I'll give you your (small amount) of money back, but the car doesnt drive any further since its 'defective', unless you arrange a ride home or a cab you are now a full time pedestrian, once you arrive home you can start searching car ads for something that is better for the same money, which they won't be able to do. Your choice.
kayr,
Jan 28, 6:04pm
This is the wording .
Very tidy car now excess to requirements as have purchased another vehicle. Has been regularly serviced as had a 24 month Autosure MECHANICAL BREAKDOWN warranty which expired on 17th Dec 2020. Timing belt was done at 190k.
The wof is not due until May 2021. Rego expires 25 January 2022.
Any questions please message me.
No receipt given - they paid $1000 cash and $2000 transferred to my bank account and they never messaged asking any questions other than to arrange to come and view the car.
kayr,
Jan 28, 6:06pm
Still no report on the fault from the buyer. either
bitsy_boffin,
Jan 28, 6:07pm
[quote] threatened to take me to the disputes tribunal.[/quote]
Let them. It's not a big deal and you are almost certainly going to win that one.
apollo11,
Jan 28, 6:22pm
Fifty bucks and still not happy. Some people deserve to be dragged feet first through a raspberry thicket.
kayr,
Jan 28, 6:32pm
Just another nightmare story of a buyer beware. My mother got stung with a LEMON she bought off her brother.
She sold a perfectly good 96 1000cc Suziki Cultus 2 door hatch back car which had never failed a wof and was trouble free to her brothers ex in exchange for a 97 2.0 ltr Holden Vectra. She also gave him money from the sale of the Suzuki for the Holden but unsure of the amount, I think it was $800? which was half of what she got for the Suzuki.
The Holden was a 4 door (her reason for wanting it - she's a 75 yr old with no partner or dependents and needs a 4 door car - right!) that had just has a recond gear box as his ex stuffed it.
We told her not to do the deal but some people just know better.
Anyhow she spent around $500 on the Holden in the first few weeks to sort an engine light which was on when she bought it then at its first wof it needed $1000 of repairs to bring it up to wof standard - the mechanic said its not even worth $1000 but she went ahead and fixed it.
5 months later 2 new tyres worth $400 odd were bought as they were needed for the next wof in a month and bugger me the head blew on the friggen thing and it was overheating - I put the rego on hold and sold it for $300 and the buyer drove it away.
Mother had spent around 2K on the Holden in less than a year and her brother was aware of all the crap with the car and never once appologised or offered to help her out financially - funny that - he had no legal responsibility to do so as it was a private sale LOL
Ended up buying her a 2000 Toyota Platz and she paid me back and so far so good.
I think she learnt an expensive lesson.
franc123,
Jan 28, 6:38pm
Fairly common scenario. You never ever own a Vectra. You shouldnt have really bought a Viva either but you got off fairly lightly.
sr2,
Jan 28, 6:52pm
Hey guys. I have a very simple 'private sale and purchase document' that was written by a NZ Lawyer. It's not 100% watertight but is a good start.
I'll try and put it up here it in a series of posts.
Hope it helps.
sr2,
Jan 28, 6:52pm
Sale and Purchase of Motor Vehicle
Parties: Seller: ………………………. Buyer: ……………………. Background: • The seller sells to the purchaser listed in the Schedule. • The purchaser has agreed to purchase the vehicle for the full price of $. and under the conditions below.
sr2,
Jan 28, 6:53pm
Conditions: 1) The seller confirms that no money is owed on the vehicle and it is free from all security interest under the Personal Property Securities Act 1999. 2) Ownership, possession and risk of the Motor Vehicle passes at the time/date stated below. 3) The Purchaser confirms that the Motor Vehicle is sold as seen, tried and approved by the Purchaser without any expressed or implied representations, warranties or conditions whatsoever about the Vehicle. 4) Any knowledge of the condition of the Vehicle is provided by the Seller purely on a courtesy basis and not a professional opinion.
sr2,
Jan 28, 6:53pm
Payment: Full Purchase Price of $. received (Dated) 00/00/00
Schedule: Make / Model ……………. Registration ………………. VIN/Chassis …………………….
Signed here under on this day: Thursday Sept 20th 2018
So. the buyer had sent me copies of an invoice with the below description of the fault. Noise coming from rear of motor removed air box from top of throttle body open throttle butterfly - found intake manifold runner flap has broken in 2 pieces. needs new inlet manifold, if left damaged chances are flap can be sucked through motor. Also coolant leak from thermostat housing tap fitting. needs new housing Invoice for this check is $48.02
And she has sent a Quote for $945.99 to carry out repairs.
nice_lady,
Jan 28, 8:22pm
Tell them to go ahead and fix it. And the bill is their problem. Tell them you do not wish to communicate any further. They bought privately and it's not your problem.
gunhand,
Jan 28, 8:28pm
Whats that function on cell phones that prevents you getting unwanted calls, its right on the tip of my tongue . easy as solution.
joanie04,
Jan 28, 8:50pm
An Astras are not much better.
2sheddies,
Jan 28, 8:52pm
You mean the f*** off button? Most used function on my phone.
joanie04,
Jan 28, 8:52pm
Block them
2sheddies,
Jan 28, 8:53pm
Send back a message saying "good luck with the repairs" and a smiley face.
gunhand,
Jan 28, 8:56pm
It's funny how many people seem unable to do this and insist on getting into long running txt battles. OP should block them and forget about them. Doubt they will drive 200kms to debate the issue.
marte,
Jan 28, 8:58pm
If you did:t know this before you sold it. Then you 2ere not aware of it. Because you were not aware of it, you didn't have to, actually couldn't, disclose it. Therefore you never lossless the buyer, who could have done a ' pre purchase inspection ' by a registered Mechanic of their choice, who 'may' have found this out IF it had happened BEFORE it they bought it. Ie, There's no evidence that it happened before they bought it. Or that you knew it had happened. Or that you had known of the problem & that you had missrepresented that it hadn't happened before you sold it.
The average car owner would not know the exact condition of their runner flaps at any given time.
A mate bought a Falcon a bit over a month ago, 2 weeks later the alternator blows up. It's a known problem with them, they get dirty & blow up. Nobody knew it was going to happen. Even though it's a known problem with them. He replaced it $680 later he has a new one, at his cost. " Well the previous owner wouldn't have known it was going to happen either".
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