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Pete ASKED THE GUIDE

Recourse for private sale?

A few days ago I purchased my first vehicle, a 1997 Mitsubishi Express, from a private seller. I was led to believe it had a roadworthy certificate, but discovered after the sale that it was invalid because it was 3 months old.

When I had the vehicle checked out by a registered mechanic he identified 10 different problems that needed fixing before he could issue a RWC. He quoted a bit over $1000, plus I paid $160 for the inspection.

Do I have any recourse in this situation in regard to the seller? Can I get some money back, or ask him to pay for the costs, or return the vehicle? etc.? Or are my hands tied in this situation now that I've handed over the cash?

The car is still currently registered in the seller's name, until March. I have the receipt and his details filled out on the VicRoads forms to transfer rego.

I'd appreciate any advice you may be able to offer me in this situation.

It's all bad news I'm afraid. With a private seller you have no comeback.

All you can do is to ask the seller to refund your money, or maybe cover the cost of the repairs. If he wasn't aware that the RWC was out of date he might be honest enough to help you out.

You could also consider taking him to VCAT, the Victorian small claims tribunal on the basis that he misrepresented the vehicle to you.

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