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Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14361
Experience:  I did my law degree at the University of Queensland
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My son purchased a 2nd hand vehicle with a RWC and registration.

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My son purchased a 2nd hand vehicle with a RWC and registration. The rego was not transferred for almost 3 months and the vehicle had road worthy deficiencies that the dealer could not rectify despite having a current but obviously bogus RWC at the time. Condition of sale listed several items that were subsequently not delivered which included an extended warranty which the supplier refused due to the condition of the car. It cost me ~$3000 to rectify the deficient Road worthy items and whilst the dealer has agreed to compensate he has not done so for 3 months. Do I have a reasonably chance of having this bloke and his RWC provides licence revoked and/or fines and via what process?
When he agreed to pay you compensation, was this verbal or in writing?
Customer: replied 4 years ago.

verbal and I emailed the agreed arrangement to him after, we have had several discussions on the matter since where he advised that he would make the payment without affect.

Okay, in that case, what I recommend you do here is commence a small claim against this dealer in the VCAT.

You should call (03) 9628 9830 and ask them to mail out to you an application to commence a small claim. Simply fill it in and return it. They will send back to you two copies, one of which you must provide to the car dealership.

Once that is done, a hearing date will be set where both you and the dealer who agreed to compensate you will have to appear before a judge who will decide the matter. If the judge rules in your favour, then the car dealership will have to give your son compensation, but how much will depend on what you can prove you paid to get the vehicle roadworthy.

Should you have any other questions, please let me know.

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