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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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19 October 2015 Dear Messrs: I hope you can provide the best

Customer Question

19 October 2015
Dear Messrs:
I hope you can provide the best possible advice for my son.
My son had answered to an online advertisement of a second-hand concrete truck pump( for pouring slab) in a construction site with the amount of $300,000.00 and purchased it through bank finance.
He picked the truck up from Coffs Harbour in NSW and headed back to Ormeau in QLD on the Saturday, 10th of October. The truck was used only for one day pumping concrete slab in a job site on a Monday 12 October, 2015. It broke down on the following day and was taken on Thursday 15th of October to Narangba 100-150 km from Ormeau in Queensland (the nearest mechanic that could possibly provide immediate service to the truck because of 4 urgent contract jobs waiting); the business has lost the first 4 contract pump jobs on that day. My son has outsourced to ensure completion of four contract jobs. I have the following questions:
1. As the pump truck was broken down less than one week after consummation of sale and is still not being fixed currently Saturday 17th October; Can the sale be declared null and void since the purchased truck was not compliant to the provisions of contract of sale? By law, is still within the cooling off period of two weeks? And can the sale be rescindable?
2. When my son travelled interstate to Coffs Harbour in NSW on Saturday 10th of October, the seller has given definite reassurance that the concrete pump truck that is for sale wouldn't be handed over to him unless it was 110% in good and running condition. Having given the 110% good and running condition reassurance, can the seller be accountable to this oral contract agreement with my son?
3. As a result of the concrete truck pump broken down - the truck has to be taken few kilometres for the specific mechanic only to be told after checking that it needs a spare part ordered from NSW. Can my son claim for any running costs, delays while the pump truck is unserviceable?
4. Can my son claim for damages for the following:
> Owner negligent in selling an item that was faulty and does not work.
> Can he claim damages for four contract jobs that were cancelled plus on-going weekly wages for the truck driver starting Monday 12th of October $1,200/week?
> Can my son claim on-going costs and delays due to unserviceable and faulty concrete pump truck?
> Can my son negotiate to be given a swap (seller supplies another concrete pump truck while the broken truck is being repaired or serviced). The seller has 16 concrete upgraded concrete pump trucks at his depot in Coffs Harbour NSW.
> Can the seller be obliged to pay service and running costs while pump truck is being serviced at the mechanical garage in Narangba?
Thank you very much for your time in reading my email. Is my son entitled to Consumer Protection Law? What is the best advice that he can get? He has just started a new business and the experience is an eye-opener for him.
Would it be helpful to have a possible mediation and amicable settlement?
Thank you.
Yours very sincerely,
Belinda Frost
email:***@******.***
Tel:(###) ###-####
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane.Lawyer replied 1 year ago.

Hi Belinda,

Can you please confirm the price of the truck was $300k? or $30k?

As I am not aware of concrete truck values...

The price paid makes a difference as to whether your son is covered by consumer protection laws.. businesses are protected by the Australian Consumer Law for purchased up to approx. $40k. (from memory)... so $300k is over the threshold.

Is the second hand truck dealer licensed?

Was there a written Contract of Sale? can you please attach a copy to this chat?

Did the Contract include a warranty?

Did your son terminate the Contract in writing:

1) for breach of the terms of the Contract; and/or

2) or before the cooling-off period (you have mentioned) expired?

I will send you an offer of a 20 minute phone call to discuss your son's options, as there are quite a few points to work through...

Kind regards,

James

Customer: replied 1 year ago.
Hi James,Can I get back to you for the answers please? He works and supervises at the construction site. How long can you wait for the answers? I will try to get back to you as soon as possible. Sometimes he gets home to his place late afternoon. Thank you very much for reading my query.Thank you and kind regards.Belinda Frost phone(###) ###-####
Expert:  Brisbane.Lawyer replied 1 year ago.

Hi Belinda,

You can reply at anytime.. and I can continue with the query tomorrow.

Cheers, James

Expert:  Brisbane.Lawyer replied 1 year ago.

Hi Belinda, any update.. cheers, James