Jump to content
SAU Community

Recommended Posts

Recently bought a car off some guy (private sale) had it for about 1 month and it has been feeling alot less powerful, so i took the car to get dyno and tune up at the same place he got it done at last time (3 months earlier) they told me that he came in and got it dynod and compression tests but compession was low and was runnning on 5 cylinders so it needs a rebuild.

They said the same thing to me.

Just wondering is there anything i can do since he knew about the problem?

I thought legally you cant sell something that has a major problem like that without telling the person who is buying it first, Got free legal advice today they said the same thing and i can go to small claims court... Any ideas ?

Spoke to him on friday first off he said the car had no problems when he sold it to me but then when i said that i took it to the same place he took it for the dyno he said "Oh yeah they did tell me it needed a rebuild" then he ended up saying ring me on monday with a quote so i did but he was just being a smart ass and said hes not paying for anything.

Link to comment
https://www.sau.com.au/forums/topic/106673-advice-plz/
Share on other sites

i got done with a dato 1600 the same way, took the head off to find oval boars. I ended up selling it again, but at least i told the guys who bought it.

basicly i found out taht its buyer beware, but anything over a certin amount has a cool of perioed, do ring the fair traders, but taking it to court is a long and expensive process, which would require you statements from the mechanics. Good luck.

Link to comment
https://www.sau.com.au/forums/topic/106673-advice-plz/#findComment-1967939
Share on other sites

That's called misleading and deceptive conduct and is expressly outlawed by the Trade Practices Act.

You definitely have a case. Not saying that taking anything to court is easy but I think you would be right in this instance.

Are you in Sydney?

If so pm me some details if you like and I will look into it.

Link to comment
https://www.sau.com.au/forums/topic/106673-advice-plz/#findComment-1968174
Share on other sites

i feel sorry for you but my personal opinion is that as the buyer you must be aware and responsible to check the car, when selling a car owners will never tell you the 100% whole story about the car, even for minor things (unfortunately in your case, major)

this is why everyone usually gets the car checked out by an expert if you cant check it yourself, and revs check etc.

abo bob, from what you are saying there must be different circumstances in relation to money owing on the car, because as far as i understand it if you (unknowingly) buy a car with money owning on it its your problem?

Link to comment
https://www.sau.com.au/forums/topic/106673-advice-plz/#findComment-1968622
Share on other sites

I believe you are on your own, buyer beware Im afraid. You really cant prove anything that he knew it was on its way. I know you dont want to hear it but there isnt anything you can do unless he misrepresented the car when he was selling it, he said it was a GTR and it was a GTST etc.

Buy a second hand motor from importers with a warranty and learn from it and move on!

Dont stress mate!!

Link to comment
https://www.sau.com.au/forums/topic/106673-advice-plz/#findComment-1970229
Share on other sites

i feel sorry for you but my personal opinion is that as the buyer you must be aware and responsible to check the car, when selling a car owners will never tell you the 100% whole story about the car, even for minor things (unfortunately in your case, major)

this is why everyone usually gets the car checked out by an expert if you cant check it yourself, and revs check etc.

abo bob, from what you are saying there must be different circumstances in relation to money owing on the car, because as far as i understand it if you (unknowingly) buy a car with money owning on it its your problem?

Yeah that's different because that involves the law of ownership and conversion. I guess you could still sue under the trade practices act the guy that sold it but that wouldn't change the fact that the bank or whatever owned the car.

As long as the workshop you went to will be a witness you have absolute proof of his deceptive conduct. If you bought the car for $8k or something it could be argued that you knew it was a substandard car because the price is so far off the pace.

Link to comment
https://www.sau.com.au/forums/topic/106673-advice-plz/#findComment-1970606
Share on other sites

Yeah that's different because that involves the law of ownership and conversion. I guess you could still sue under the trade practices act the guy that sold it but that wouldn't change the fact that the bank or whatever owned the car.

As long as the workshop you went to will be a witness you have absolute proof of his deceptive conduct. If you bought the car for $8k or something it could be argued that you knew it was a substandard car because the price is so far off the pace.

Adam in a perfect world that should be the case but we dont live in a perfect world mate .

The guy that sold it will just say i told you the donk wasn't 100% and told you to make your own tests ..

Link to comment
https://www.sau.com.au/forums/topic/106673-advice-plz/#findComment-1971855
Share on other sites

Rebuild the engine and move on. The seller shouldnt have to pay for something that you didnt spend the time and money getting tests conducted on in the first place. $100 could of saved you $1000's in this case. Maybe you'll remember that next time. I know if the owner of my old car which was purchased a month ago came and told me it would need a rebuild, i wouldnt pay jack all. Goodluck mate.

Dayne

Link to comment
https://www.sau.com.au/forums/topic/106673-advice-plz/#findComment-1972562
Share on other sites

All legal advice ive had so far has said i can take him to small claims court, because i have proof he was told it needed a rebuild and then he sold it to me saying it was in perfect working order. So you cant sell something and lie saying its in perfect working order if you know theres something wrong with it and you have proof its called misrepresenting the truth.

Link to comment
https://www.sau.com.au/forums/topic/106673-advice-plz/#findComment-1973089
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Similar Content

  • Latest Posts

    • The 296mm rotors are the R33 turbo brakes. The 310mm rotors are the R34 turbo brakes. The calipers are nearly the same, but not. They're the same caliper but the R34 caliper has longer legs so that it sits out far enough to go over the rotor. The pads are the same for both. When you say, "I bough tsome EBC"....did you just mean pads? Or rotors? 310mm rotors fit under 17" wheels. There may be some wheels without enough clearance though. I can't fit my fingers between the barrel of my wheel and the "corners" of my R34 calipers, but there is plenty of room behind the spokes. This is on Enkei RPF1. You can fit 324mm rotors inside a 17" wheel, but I'd be willing to bet that it would be close to impossible with the Nissan/Sumitomo caliper (using an adapter, of course), because the Sumitomo caliper is fatter than the Brembo caliper that is supposed to go on the 324mm rotors.
    • Hi. Can someone tell me what brakes(and mainly WHERE) can i buy brakes on R34 GTT? I bought some EBC which SHOULD go on my car(i have GT but it has GTT brakes) but it does not fit, Brakes are "too" small(296mm) Are 310mm be good or? I have 17 inch wheel so no "big boys" but for me driving i just need one that fits and i can get here in EU/Czech.
    • Since winter isn't that harsh anymore in Poland, i will definetely drive it 365 days a year 馃槈. But if the snow hits i will try it for sure and let U know. Only swap i am planning to do is of course R34 GTR front 馃槏.
    • Hey. Very valuable information about pitwork, I will pay attention when buying any consumable parts 馃檹 As for the carpets - I got a handful of information from nengun, from which it appears that indeed the carpets for the driver's side are OEM. They are not able to show me any pictures due to the long chain of different sales entities but after I place the order, as soon as the goods arrive at the nengun warehouse from which they will send the shipment to me they can send me photos and if my purchase differs from OEM I can immediately return it / cancel the purchase. I think I will give it a try 馃槈. Of course i'll let you know what's what as soon as i get them P.s. I know the topic is not relevant to the thread, but both nengun and amayama have these SICK 馃槏 trunk room lamps available. Do you know anyone who ordered them? I need to have one in my car
    • I've managed to find this: Nissan_Stagea_AutechVersion260RS (1).pdf
  • Create New...