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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5136
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Good morning. I hope you can give me some advice. I bought

Customer Question

Good morning. I hope you can give me some advice.
I bought an $18,000 Jeep Cherokee privately 3 weeks ago, with the required Roadworthy Certificate. Within a couple of days it had a coolant leak, which got progressively worse.
I have taken the car to 2 different mechanics to get a 2nd opinion.
Both said it is a major problem as the leak is at the back of the engine, which will need to be taken out to repair the problem. Both said it shouldn't have passed a Roadworthy test.
I may be looking at a $2000 repair bill.
I'd like to know my legal rights?
Thankyou
Carlie
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.
Hello
Sadly, unless there was any representation buy the seller that the there is no issue with the coolant system there is little recourse.
If it did pass registration previously, then there is no real reason the seller thought anything was wrong with it.
The law puts the seller in the same category as the buyer if it is a private sale as they only have a basic understanding of cars (in the eyes of the law anyway.)
Secondly the buyer should have checked the vehicle rather than have it checked after the fact.
As brutal as my advice is, it is the law sadly in Vic and I do not want to give you false hope.
All that you really can do is speak with the seller and see if they want to pay for at least some of the repair bill.
Please click accept.
Customer: replied 1 year ago.
There was also excessive wear in both lower ball joints which the mechanic said should not have passed the RWC, the seller was aware that it was leaking coolant as he told me a few days later. Basically I can't understand how it could pass a RWC and receive the certificate with such obvious problems. Isn't a RWC a legal document when your buying a car?
Expert:  Daniel replied 1 year ago.
Hello
Well he needs to make some payment with respect to the coolant issue as he admitted there was a problem.
Issue is, he is an average person, not a car dealer. He went of the info of the mechanic previously that the car passed the RWC inspection.
The mechanic is at fault here, not the seller. If you were to sue the seller then they can cross claim on the mechanic.
Please click accept.
Customer: replied 1 year ago.
Thankyou for your help, that's what I wanted to know.
Expert:  Daniel replied 1 year ago.
All the best.
Please click accept and give feedback as to my service.
Expert:  Daniel replied 1 year ago.
Hello Is there any further assistance i can be off? If not, please click accept. :)
Expert:  Daniel replied 1 year ago.
Hello Is there any further assistance i can be off? If not, please click accept. :)
Expert:  Daniel replied 1 year ago.
Hello Is there any further assistance i can be off? If not, please click accept. :)