Please Help my Mate.!!

[LaL]

Hello,

my friend bought his car about 8 months ago it is a 1995 R33 GTSt S1.5 , he bought it from a place that repairs/services cars..

Anyway lets get to the point, when he bought it he had thought the car was a cut'n'shut or just wacked from the back but the engine bay was resprayed too! so it didnt make sense to him. the car drove straight and all.

he changed his radio to a JVC item from the stock tape cassete from nissan, when he was changing it he found a NSW sticker on the radio expander thingo..

so that confused him too... the car had no rego, the dealer set him up with the rego for 12months.. the car had runs all over the paint work and the dealer said ahh i dont know we didnt do this we bought it like that.. he forgot to ask who he bought it off!!! GRRR!

OK, cut this story down he smashed his car and now its considerd as a ride off.. some bloke wacked into the passenger side of him with a 4x4 and bent the subframe etc in half.. lukyly he is allive and well... the car has NOW been proven that it has been a damaged car before.. and buy the looks of it the car was hit in the same spoty and the REAR too... so previously this was was 100% repaired.. maybe even a cut and shut.

NOW HE IS THINKING CAN HE TAKE THE DEALER TO COURT FOR SELLING HIMA FAULTY CAR ? how would the dealer say he doesnt know if it has been repsrayed when the car had runs/diffirnt wing/boot resprayed allong with the wing.. doortrim not screwerd on etc...

im just trying to give my mate some advice since the dude in the 4x4 drove off leaving my friend in the car... someother bloke came allong and helped him out etc...

thanks.

[PranK]

buyer beware.

Its upto the purchaser to do what they need to do to make sure the car is safe and roadworthy.... that being said, the ACCC (consumer affairs) will always sway in the direction of the customer if it ever got that far.

Christian

[LaL]

Well, the person he bought the car off was real dodgey then..

we are pretty sure that he fixed that car himself. the gearbox had a hole drilling in it.. - wierd.

anyway the dealer lied and he is a ****wit and he now screwed my friends life up.. 3rd party + people driving away is ***n bad.

the dealer was in total denile .. MOFO! youll pay!

[lwells]

Why on earth did he buy the car if he had doubts about it? Seems pretty stupid? That's not to say he "deserved" to be ripped off, just that he should of at least had it checked out.

Personally I would have walked away at the first signs of any problems.

LW.

[LaL]

ok i should delete this thread since he cant do anything about it.. but dont people who tamper with the KM's go to jail if they get q'd if it has been tamperd with and they say .. umm no im not sure ? and he also know has confirmed that the car's dash isnt original. dont forget he is 99.9% sure the guy cut'n'shut this car via his connections under his responsibility.

[DarkCoupe]

well .... it won't hurt to seek legal advice to see what his rights are ... end of the day unfortunatly he made a mistake ... but no-one is perfect and we all make them.

personally I agree with part of what lwells said. why did he buy if it seemed dodgy. even if I was on a budget, I'd rather save some more and wait, rather than rush and buy a potential cut-n-shut. anyway ... that aside, no one "deserves" to be ripped off. (that was a little harsh I thought)

get your friend to go see a lawyer, or if he doesn't have money then go see LegalAid (look it up in Yellowpages or something), and see what you can do. Also speaking to the Fair Trading Commission via the phone wouldnt hurt (again to see what your rights are and what the responsibilities of the dealer / seller are)

Was the seller a "registered dealer", or was this more of a private sale? it will change the rights of your friend and the responsibilities of the selling party, depending on the terms of the sale.

Good luck to him. I hope everything turns out okay.

PS. and as far as the PRICK who banged him on the side and drove off ... that makes me very very VERY angry. Someone could have been killed and he drove off. I hope he gets what he/she deserves.

[lwells]

LaL: the problem will be that the dealer will claim to have no knowledge of the clock being wound back. If your friend had proof that the dealer had knowing lied, that's a different story, but good luck proving it.

End of the day its a nasty lesson for your friend. Get him to see a lawyer -- or, if he doesn't have the founds, visit a legal centre and perhaps call the relevant ombudsman -- but I don't think his chances are particularly good.

LW.

[skyline33]

buyer beware.  

 

Its upto the purchaser to do what they need to do to make sure the car is safe and roadworthy.... that being said, the ACCC (consumer affairs) will always sway in the direction of the customer if it ever got that far.

 

Christian

Agreed,

firstly sorry to hear about your friend but at the begining of the post you're saying that "he had thought the car was a cut'n'shut or just wacked from the back" so the fact that he had pretty much knew that the car was damaged (cut and shut or whatever) and agreed knowingly that this was the case even if the dealer knew about it then its your friends fault (thats just my opinion).

When the accident happened did the car snap in half or just get damaged cause you said it bent the subframe.

i'm still amazed that such an impact and the other car was able to drive away but anyway.

This is not having a go at your friend or anything but I've seen alot of people buying shocking cars for cheap and they know about it and then when something goes wrong they are surprised. There is a simple rule that applies the majority of the time "you get what you pay for".

Anyway good luck to your friend.

[LaL]

They car was so weak after the accident.. anyway hes real pissed off ....

he is like 99% sure the DEALER ( registerd ) payed someone to fix it etc.. he wouldve bought the car damaged from sydney for cheap, then brand it allong here.

KM's wouldve been wound back from the dealer since there is a sticker inside the bonnet stating 100,000KM's and the dash says 55. wierd. arnt dealerships all about"trust" what pricks.. hehehe

thats that.

[uneekwahn]

the sticker inside the bonnet, is it on the cam cover at the front of the engine? If it is, it just means the timing belt needs to be replaced at 100,000km. it doesn't mean something happened and the car was AT 100,000km.

[NRB]

I thought the sticker was applied when the timing cover was done. When we did mine, the packet containing the belt had a nice silver sticker that I filled out - date and odometer reading of timing belt replacement. There was no sticker to replace; it was a completely new sticker.

As for the dealer being at fault... I'll reiterate what the others have said - your mate was a little dubious about the cars past. He should've walked away, but he was hoping it was a bargain.

The real person he should be pissed off about is the 4wd driver. He's the one who's written the car off. You stated there was someone that came to your mates aid, did they see the registration number? Was a police report filed? Any other witnesses?

[51jay]

Sorry to be an a*sehole but your mate sounds like a bit of a d*ckhead

8months ago!!! he bought a car that had obviously had big time repairs. Now a 4x4 writes him off so he wants to sue the dealer???. Would be a pretty safe bet that he didn't get the 4x4's rego.

[skyline33]

there is no such thing as a bargain 99 per cent of the time. so people dont want to spend any money at all and get the best car in the world, well i'm telling you now thats never going to happen.

[skyline33]

I just wanted also to add that there is a difference between a skyline for 10k and a skyline 25k

[Revhead]

I would be going after the 4wd driver for damages, not the dealer who sold the car. He may well be dodgy, but a) from the sounds of it, you'd be hard pressed to prove it, and B) from what you've written, your mate knew it was questionable before he handed over the cash.

[ajmck]

Dude if he's a registerd used car dealer he has to have a LMCT no. if he wasn't plastering that number all over his buissiness cards sign work ect. hes either not a a registered dealer or hella dodge!! Anywho if he is a registered dealer get incontact with VACC as they will be most interested in the situation as there are very strict guildlines into suck things. After that contact the ACCC and then pursue leagal advice.

Its guys like that give the industry a bad name....

[dAVE]

am i missing something... does it matter now if it was cutnshut?? if its written off, be happy he wasnt killed, get the insurance payout from 4wd driver and get a decent car...

[dAVE]

just re read 1st post... still doesnt matter if the car was dodgy or not... the 4x4 driver hit him and by the sounds of it is at fault... so thats who you should be going after..

[predator]

yup.. exactly: nothing to do with the car. It just sounds like the other person won't pay out and now you're clutching at straws to get the money back.

Fact is, a large number of dealers are dodgy and this is a regular occurance. And like skyline33 is also saying, you get cheap cars for a reason. But that really isn't the point in this case. Still, could have been the best car in the world and you'd still be in this situation right??

You should have definitely reported the incident to the cops and tried to find any witnesses at the time, but may be too late now. If bringing legal action against the 4WD owner (or his insurance company, if he doesn't against him directly) doesn't work.. best thing you can do is take all the items that are still as one piece such as engine, gearbox, diff, etc, and try and sell them. If you add up all the prices of the items separately you might get $8k or something as just parts. Its better than a kick in the head anyhow..