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Old 19-03-2008, 06:06 PM   #1
bEAn86
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Default Buying private lemon laws?

i recently brought a car and was fed a lot bs by the owner, as it turns out it has alot of problems that the prior owner would of known about as they had just had it serviced! But failed to even mention and lie about questions i had asked.

Im just wondering is thier a cooling off period for private sales or anything i can do?

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Old 19-03-2008, 06:09 PM   #2
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Unfortunately for you, you buy it, you own it. Unless you have proof that the owner lied to you (not neglected to tell you, but lied) there isn't anything you can do.
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Old 19-03-2008, 06:10 PM   #3
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Quote:
Originally Posted by bEAn86
i recently brought a car and was fed a lot bs by the owner, as it turns out it has alot of problems that the prior owner would of known about as they had just had it serviced! But failed to even mention and lie about questions i had asked.

Im just wondering is thier a cooling off period for private sales or anything i can do?
Nope, a private sale is just that, the phrase "caviet emptor" comes to mind...
There are plenty of services avaliable to prospective buyers to have cars checked properly, you'll have to put it down to being inexperienced and just move forward.



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Old 19-03-2008, 09:49 PM   #4
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Quote:
Originally Posted by 4Vman
you'll have to put it down to being inexperienced and just move forward.

That is the harsh reality.

When you spend your hard earned, you should ALWAYS spend that bit extra and get a proper independent inspection done. We can sometimes get caught up in the emotion, so it is handy to have a 3rd person look at from a different point of view.

Hope it all turns out OK and that the problems can be fixed.

Cheers

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Old 19-03-2008, 06:11 PM   #5
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Unfortunately the onus is on the buyer to have potential purchases professionaly inspected. As the above poster said, you buy it, you own it.. It's your problem.

That said, I'm sorry you've been caught out. Life often isn't fair.
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Old 19-03-2008, 07:26 PM   #6
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Quote:
Originally Posted by bEAn86
i recently brought a car and was fed a lot bs by the owner, as it turns out it has alot of problems that the prior owner would of known about as they had just had it serviced! But failed to even mention and lie about questions i had asked.

Im just wondering is thier a cooling off period for private sales or anything i can do?
gday mate
Sound like you've been had,Have you approached the seller yet?.What is the problem with the car ,we may be able to point you in the right direction with repairs.
List the problems. And what make and model car it is.
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Old 19-03-2008, 08:47 PM   #7
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unfortunatly you don't have a leg to stand on unless he actually commited fraud and you have proof sorry for the bad news. as mentiond tell us the faults and we might be able to steer you in the right direction to save $ . maybe even move this to the appropriate forum IE: for an Au the aufalcon.com section for a b series the b series section you get the idea. good luck
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Old 19-03-2008, 09:57 PM   #8
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Even if lied to, told huge fibs, told you it was a V10 HO and it was a mini, as said not a lot you can do at all. It is unfortunate but thats the problem buying private. Just have to be carefull.



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Old 19-03-2008, 11:27 PM   #9
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Yep, chalk it up to a lesson in life...
I learnt it when i bought an ELII Ghia last year. Spent a fortune, still had heaps to do. But since i sold it, the owner has had ZERO problems with it.
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Old 20-03-2008, 08:39 AM   #10
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its nothing special. its a toyota carolla SR5 4x4 wagon. 140,000 km's good con inside and out. head went, tappets need a shim and shine and an engine seal need to be replaced. its 1.6L A4-EF .im going to get a price on a new motor today, and speak to the machanics about the repair costs.


at the moment i cant even drive fair enough to trade in and buy something new!
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Old 20-03-2008, 08:53 AM   #11
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you can pick up another engine for these quite cheaply ,but from your description it only needs a reco head,what year is car and what did it cost ?
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Old 20-03-2008, 09:20 AM   #12
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not the only sucker on here mate... i'm stuck with an AU Ex-Taxi... i had no idea it was an Ex-Taxi until after i owned it, nor that it was in such bad shape... but thats also EBay for you and owners that wont allow cars to be inspected first, take your money in transfer only before car goes, and wont allow a cash sale (afraid i would have backed out like i tried to...)
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Old 20-03-2008, 07:16 PM   #13
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it is illegal even for a private seller to not disclose an EX taxi you actually have grounds for compo in this case, were the Ks missrepresented ? thats a criminal offence and further grounds for compo not to mention a visit from a man in a blue suit
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Originally Posted by BLUEPRINT
not the only sucker on here mate... i'm stuck with an AU Ex-Taxi... i had no idea it was an Ex-Taxi until after i owned it, nor that it was in such bad shape... but thats also EBay for you and owners that wont allow cars to be inspected first, take your money in transfer only before car goes, and wont allow a cash sale (afraid i would have backed out like i tried to...)
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Old 21-03-2008, 07:46 AM   #14
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Quote:
Originally Posted by au3xr6
it is illegal even for a private seller to not disclose an EX taxi you actually have grounds for compo in this case, were the Ks missrepresented ? thats a criminal offence and further grounds for compo not to mention a visit from a man in a blue suit
How so? its upto the buyer to do their homework.. not the seller to disclose its history.



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Old 20-03-2008, 08:06 PM   #15
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Quote:
Originally Posted by BLUEPRINT
not the only sucker on here mate... i'm stuck with an AU Ex-Taxi... i had no idea it was an Ex-Taxi until after i owned it, nor that it was in such bad shape... but thats also EBay for you and owners that wont allow cars to be inspected first, take your money in transfer only before car goes, and wont allow a cash sale (afraid i would have backed out like i tried to...)
Sorry to hear you had a bad run with an ex taxi (even if you didnt know it was an ex taxi) what is wrong?

In regards to the original post, keep looking at the trading post for a wrecked car - you will end up with more spares for the same money.
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Old 21-03-2008, 01:09 AM   #16
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Quote:
Originally Posted by TURBOTAXI
Sorry to hear you had a bad run with an ex taxi (even if you didnt know it was an ex taxi) what is wrong?
Most can be found here http://www.fordforums.com.au/showthr...7&page=1&pp=25

Quote:
Originally Posted by au3xr6
it is illegal even for a private seller to not disclose an EX taxi you actually have grounds for compo in this case, were the Ks missrepresented ? thats a criminal offence and further grounds for compo not to mention a visit from a man in a blue suit
Wouldnt it be to late now thats i've owned it for about 5ish months?
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Old 20-03-2008, 09:30 AM   #17
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i called city dismantlers, i can get a secondhand motor put in for 875.00 with 3 months warrently or 5000km. Or i can get a low km import motor from japan which is worth $1315 which comes with 12 months or 20 000km.

They will also fit it for 655+parts oil ect

not sure which was ill go ethier 2nd hard or import. But if i can get away with spending 1500-1600 getting a new donk in it. it wont be a complete waste of money! what do you guys think of those prices both engine and fitting!
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Old 20-03-2008, 07:04 PM   #18
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I got burnt buying my EF sedan off an old bloke about 2 years ago.
He really sucked me in with all his crap about how he was only selling her cos he was too old to drive and that she had been serviced regulalry etc.
Bought the car, needed a reco gearbox 1 week later.....Reco head 3 months later, new radiator, brakes, diff stuffed, electrics always played up and it kept clicking off when you put fuel in her.
Found out later the old dude bought and sold cars as his "hobby", probably used the same story on every one.
Sold her for the TS50 2 months ago and havent looked back.
Funny though, the people who bought the EF probably think shes a great car cos over the 2 years we nearly replaced everything!
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Old 21-03-2008, 12:51 AM   #19
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Quote:
Originally Posted by bEAn86
i called city dismantlers, i can get a secondhand motor put in for 875.00 with 3 months warrently or 5000km. Or i can get a low km import motor from japan which is worth $1315 which comes with 12 months or 20 000km.

They will also fit it for 655+parts oil ect

not sure which was ill go ethier 2nd hard or import. But if i can get away with spending 1500-1600 getting a new donk in it. it wont be a complete waste of money! what do you guys think of those prices both engine and fitting!
If the local motor is $875 and the import one is $1315 and those prices are fitted, they're not bad.

If you then have to pay for fitting on top, they're too expensive IMO.

4AFE's can be had very cheaply, and they tend to last forever.

Import or not, I wouldn't be willing to pay more as the reality is they don't have as low kays as the wreckers quote, and as labour is quite high in Japan, cars tend to be get neglected more there.

Best of luck!
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Old 20-03-2008, 07:20 PM   #20
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I have sold quite a few old cars in my time. Some not so great, but I am a big believer in karma and you get back the bad crap you dish out. The crappy cars I sold, I told them exactly what was wrong with it, or in some cases it was quicker just to tell them what was right!!!. I did get burnt as a green 17 year old by a Parramatta Rd dealer - but I learned and learnt well.

The dude who ripped you off has it coming.
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Old 21-03-2008, 12:31 AM   #21
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was chating to my local machanic today, he can fit the motor for about $450ish so ill save a little thier. the reason i want a new motor is the face that the current motor was oviously abused and/or not serviced in its time probly by a few owners! so the top of the motor head ect could be replaced but the bottom of the motor has suffered the same treatment. so i new motor to me is the best way to go, my machanic agreed. the car only has 140,000km on it. i paided about $2600.

is thier anywhere besided city dismantlers you guys could recomend for a new motor? Im only after a 2nd hand one, but want a warrenty with it. will also see if my machanic knows or can get one in for me. thankyou everyone for ur help as well!
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Old 21-03-2008, 11:13 AM   #22
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blue print it sounds like you have a tuff time with that car! i know how u feel, but i think ive gotton off lightly! Oh well ive learnt never buy private and get an RAA inspections!
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Old 21-03-2008, 11:19 AM   #23
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Quote:
Originally Posted by bEAn86
blue print it sounds like you have a tuff time with that car! i know how u feel, but i think ive gotton off lightly! Oh well ive learnt never buy private and get an RAA inspections!
In many caryards you get the same problems, they just charge extra for the privilege.

Inspections are the answer if you dont know what youre looking for.
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Old 21-03-2008, 11:45 AM   #24
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I've got an EL booked in for next week with RACV for a pre-purchase inspection, I'm getting the comprehensive test where they emissions test the engine etc. to see how it runs, so its costing me about $175 (its more if you're not a member) but I reckon its money well spent! They also give the car a 30 day mechanical guarantee (which means stuff all really, I'm more interested in their opinion of the car)
At the end I'll have the RACV report on the condition of the car to compare to the list of faults that the seller got when he had the roadworthy inspection done (its been inspected and will be fixed to get the certificate as part of the sale) so it should put me in a reasonable position to know whether I'm buying a bargain or a bastard.
I wouldn't buy without this inspection, they can even come and do it on-site for the same price, but there is one engine test that they do in the workshop that they can't do on site (emissions test I think) so its the same price but one has less test done.

The only problemis some sellers weren't too happy about having to wait for the inspection for me to give them a yes/no about buying, I even had one bloke claim he can't do without the car for a day to get it inspected! (if he can't do without the car then why is he selling it?!?)
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Old 21-03-2008, 11:45 AM   #25
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the old saying ............buyer beware.
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Old 21-03-2008, 12:23 PM   #26
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Probably be cheaper to drop a 1UZ in it :dr_Evil:
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Old 21-03-2008, 12:42 PM   #27
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if the car was a taxi you must disclose this it is a legal requirement also as stated in blueprints build thread the speedo was changed to 100Ks when the enging was changed thats a criminal offence. the guy who sold the car to bluepeint woud go bigtime if he took it further
Quote:
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How so? its upto the buyer to do their homework.. not the seller to disclose its history.
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Old 21-03-2008, 01:01 PM   #28
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Quote:
Originally Posted by au3xr6
if the car was a taxi you must disclose this it is a legal requirement also as stated in blueprints build thread the speedo was changed to 100Ks when the enging was changed thats a criminal offence. the guy who sold the car to bluepeint woud go bigtime if he took it further
Where does it say its a legal requirement to disclose the previous work history of a vehicle for a private sale?
Yes its illegal to alter a speedo reading though.. good luck proving it, you could easily say you swapped speedo's to replace a broken one or pleed ignorance and deny it.
In any event it doesnt effect the sale, its a criminal offence and delt with seperatly.



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Old 21-03-2008, 01:14 PM   #29
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1 thing i forgot to mention... the engine was never replaced... as the numbers still match... and there was repairs on the chassis...
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Old 21-03-2008, 01:31 PM   #30
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i just bought a wrx. not before looking at a fair few of them.
The racv pre purchase inspection is really good. i had to pay extra because its a wrx, but atleast they told me the turbo and clutch needed replacing on the first one. thats about $3000 worth of parts from subaru
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