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Vehicle purchased Feburary this year - not registered prior

 
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  • Answered by:Alex
  • Solicitor - Admitted 2005
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Customer Question

Vehicle purchased Feburary this year - not registered prior to purchase but registered at point of sale.

Vehicle due for rego and will not pass on a number of issues which have not changed since purchase - the the vehicle was registered in an unregistrable state and should not have been registered in the first place? As stated by three mechanics at three differnt work shops unknown to each other?

What are our options please?

 

Optional Information:
State/Territory: NSW

Already Tried:
Tried to contact the seller stating this deal was not legal - with the result 'go to my mechanic and he can fix it cheaper' - this is not the issue it was unraodworthy before being sold to me - what options do I have? Ask for a refung or media exposure?

Submitted: 358 days and 7 hours ago.
Category: Australia Law
Value: AU$84
Status: CLOSED

Accepted Answer

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Expert:  Alex replied 358 days and 6 hours ago.

what options do I have?

Unfortunately because it was registered at the point of sale, there isn't anything you can do here. Its really a case of buyer beware.

But if you want to take a shot anyway, you can try suing the dealer for the costs you will incur bringing the car up to the roadworthy stage.

To do this you will have to commence proceedings against him by making a claim against him in the Civil Claims Division of the Local Court.

To lodge a small claim, you need to file a Statement of Claim with the Court. This court form is available from the Court by calling (02) 9287 7923. Call that number and ask them to send the form out to you. Then fill it in with the filing fee and return it to the Court. They will stamp 2 copies, one of which you must give to the dealer you bought the vehicle from.

When the Court receives the form with a filing fee, then they will set the matter down for hearing before a judge.

At the hearing each party is given the opportunity to make submissions based on the evidence. You won't need a lawyer but can have one if you want. Most small claims hearings take less than an hour to complete and most do not involve lawyers.

If my answer has been helpful or informative to you, please hit the Accept button.

Expert TypeSolicitor - Admitted 2005
Category: Australia Law
Pos. Feedback: 94.6 %
Accepts: 12647
Answered: 5/7/2012

Experience: I did my law degree at the University of Queensland

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