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I brought a van for $2700 through private sale. I didnt take…

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Answer 1

Answered in 15 minutes by:

2/21/2013

Solicitor: Leon, Solicitor replied 10 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

Good Afternoon

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

Firstly the bad news, when you purchase a vehicle privately it is buyer beware and you are not entitled to any form of warranty as you would be if you purchased it from a dealer.

If you choose to take this person to court, then you would be suing them for breach of contract which was the agreement you have it before you bought the vehicle.

The agreement from what I can see, is that he would have the vehicle repaired so that she would be able to obtain a roadworthy certificate. He has failed to do this.

You would be suing him for breach of contract and you would be seeking that he pay to have the vehicle repaired so that a roadworthy certificate can be issued, or to pay you the money that it would cost to get this done.

You would need to obtain a quotation from the mechanic advising the cost of getting the vehicle up to spec and that is the amount you would sue on.

On the basis that he agreed to give you your money back, you could have this as your 2nd arm in your action. You would set out in the claim that he agreed to refund you your money that has failed to do so.

The police are correct in saying that it is a civil matter and it is a matter where there is a breach of contract by him.

Because it was not in writing, it is your word against his and it will be left up to the court to determine whose version may accept and what orders they will make.

If you were to pursue him on your own, you would end up keeping costs down and it may be worth pursuing.

If you were to hire a solicitor to do it would cost you an hourly rate of $300 average and depending on how long it would take to finish the matter would proudly cost you more than getting the car rectified and getting around with a certificate yourself.

The application would be commenced with QCAT.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

Answer 2

Solicitor: Leon, Solicitor replied 10 years ago

Good Afternoon,

You would use all information that you can to be able to show to the core the basis on which the agreement was forged.

if you were aware that he was selling the vehicle without a roadworthy certificate, and you accepted to buy without one then there is no fraud.

If the advertisement indicates that he has a road worthy certificate, and he didn't then this is in your favour.

I believe from your question and posts that the agreement for him to bring the vehicle up to spec so that it can obtain a roadworthy certificate was verbal and not in the advertisement.

This would be your word against his.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

Answer 3

Solicitor: Leon, Solicitor replied 10 years ago

Good Afternoon,

In your application you would set out roughly what the agreement was and that the other party breached the agreement by failing to repair the vehicle so that you were able to get a roadworthy certificate.

The application does not have to be too detailed, the detail comes in later at the hearing.

You would set out the pure facts of what the agreement was and what they failed to do.

If the matter was to go to hearing, you would then prepare a detailed statement which would elaborate on the initial application and this is what the court would base its decision on.

The other side would do exactly the same thing.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

I brought a van for $2700 through private sale. I didnt take…

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