Legal Advice

[ELXR_96]

If anyone remembered I tried to sell a black VS Ute on here for my mate.
Well he sold it.
Got a RWC and spent $600 bucks of his own money before it left.
The car was running brilliant and driving straight as an arrow.
He calls my mate back the next morning going off cause apparently the bottom end dropped out (the buyers dad).
Now I don't know how cause the ute was never thrashed and left in perfect condition.
The farther is asking him for money and threatening to spend 10k on a lawyer just to get 1k back.
His been a complete back of dicks and wont give up.
My mates going to a solicitor tomorrow to figure it out but what would use do?
After it's sold and left the house perfectly it's not his problem correct?

[EFFalcon]

to the best of my knowledge its not his problem.

[pHaT`eL]

Im led to believe thats true. Your mate should be fine.

[t1MMy]

Yep, no drama's, if you sold the car with a RWC your ass is covered.

[ELXR_96]

Awesome that's what we were hoping.
He just called the mechanic and he said that also, his just trying to bait him into to buying him a new motor.
The guys dad reckons that he called them and they said he glued up the rear main seal to pass the roady but it was all crap.
Hopefully it all blows over and he doesn't come smashing up our cars or something..

[t1MMy]

The guy sounds like a tool with nothing better to do. You sold it legit and with a roady, when he signs papers it's all his responsibilty from there on.

[ELXR_96]

His a fucking tool box!
Keeps saying he races saloon cars so he knows it's stuffed yet he came and checked it out and still brought it.
I think his just pissed cause he brought a dud.
Trying to intimidate my mate and shit speaking over him constantly telling him it's his fault and shit.
Thanks for the replies anyway, at least we know he can't legally do anything.

[ELXR_96]

Actually here this.
He just called and said his solicitor said he has a duty of care when selling a car and it's his fault so his taking him to court.
Woopie my mate just laughed at him and said thanks. His solicitor is mailing him information about it apparently lol.

[NUT347]

Yeah dude.. As above.

If you sell a car privately with a roady (if its regod) there is nothing they can do. It isn't a car yard!

[pHaT`eL]

Does the bloke who did the RWC get in shit if it goes through court?

[Ech0_]

I wouldn't stress about it. My mate sold an el and the clutch went the next day and they came back to him and said they were going to sue him etc and he said go for it because the car passed roady and was driving when it left and after that they called him and kept threatening him with legal action but he just ignored it and nothing ever came from it so there obviously wasn't anything they could get done about it other then threaten him.

[NUT347]

Does the bloke who did the RWC get in shit if it goes through court?

Only for things that are roadworthy items.. And an engine shitting itself isn't.

The roady bloke can only get in trouble for things like discs being undersized.. Stuffed bushes etc.

[ELXR_96]

Yeah he tried to blame the mechanic but the mechanic just said a RWC doesn't include a mechanical test so basically piss off.
He should have had one done.
He can go blow a bag of weiners for all we care now.
I'll let use know if he really does try to sue cause it'll be funny stuff

[Rollin]

What did the receipt say? ANY TIME you sell a car you should write a receipt, containing the vehicle details, buyer, seller, date, price and the words IN AS IS CONDITION which means that if the car falls apart down the street it's nothing to do with you.

Of course, I also highly recommence NOT selling a shitbox under false pretences - if you bodge something up so people can't tell the car is fucked and sell it like it's all good, you deserve to be raped in the ass until you die of blood loss. Selling a shitter as a shitter is fine of course.

[holmsy]

i had similar thing happen when i sold my ed.
i reckon the guy managed to cook the motor (occasionally the wire for thermo fans would break on the battery.)
he then also broke the power window wiring when he pulled the center console out (who knows why) and tried to say i gave it to him broken blah blah blah

in the end i said get stuffed and never heard from him or his "lawyer" again.
it can blow up infront of your house.
as long as you have a receipt then its not your issue

[josh_ef]

its the mechanic who did the roadies problem basically

if he is abusing you and making threats, record them and take it ot police, you cna charge him if he is saying shit like "ill kill you" ill burn your shit down

it can be serious if he actually threatens to kill or injure

[Dansedgli]

Selling cars ftl.

I sold one once and it had issues afterwards and ever since i have dreaded selling anything else.

Its also the reason why I wont buy anything thats been heavily modded ever again. :/

[Rollin]

its the mechanic who did the roadies problem basically

Fail. RWC requirements for an engine to pass is that it can't blow 'excessive' smoke, still complies with emissions laws and doesn't leak oil (they're allowed to leak coolant though, go figure...).

Nothing in there about having to hold together when you give it a bootfull.

[Hayden]

1k is pretty good for a ute.. even with a blown motor lol

[FordFairmont]

was 6k apparently

[ELXR_96]

Yeah it was 6k with a roady.
The car ute ran perfectly when it left. Like PERFECTLY!
They don't have to do a mechanical test at a roady as said, he should have got a Vic roads test thing done, we are glad he didn't though lol.
Apparently it was over heating the next morning, had a mad vibration, the rear main seal was leaking and number 1 pistons had fell apart or something shit.
Mind you he got a new motor 4 hours after all this and wanted money for it already.
His just a tool, the young blokes mate was telling me how he flogs his cars all the time so he fucked up there.
He was asking what the cost of an LSD and shit would be so it was obvious his intentions.
He would've gone and tested it's skid capabilities that night and blew it up then wanted a free motor.
We'll just wait and laugh if he wastes his money on a court case.

[EFFalcon]

cars rarely just fall apart after handing over the keys unless they're provoked.
it does sound like he's given it a shit time and broken it.

[LTDHO]

WTF has a roady got to do with this???

If you sell an item, whether it be a car or whatever, you have to be open and frank. You have to be honest and disclose all you know to the buyer. It then becomes the buyers responisibility to ensure what you said is true and do any further tests before purchase.

In short, your mate has nothing to worry about, unless he sold it because he knew the bottom end was going to fall out and didn't say anything.

Sounds very dodgy to me.

[ELXR_96]

Have you not read what I said? The car was perfect when he sold it and the engine it self was always perfect...
If we did know it was dodgy I wouldn't be asking cause we would be in the wrong.
Why should the seller have to do an engine test, it's not compulsory so it's up to the buyer in my opinion?
How many people have had a mechanical test prior to selling their cars?
We are all dodgy then

[LTDHO]

Are you replying to my post?

[ELXR_96]

Yeah don't worry about it I'm rambling, we will see what he trys to do anyway

[pHaT`eL]

I only asked if the RWC would cop any flack for it if it goes to court, but he doesnt

[ELXR_96]

Yeah they can't, no proof if the buyer went and flogged it after they left or not.