Car Dealer from hell paid 22000 for landrover worth 6000

[dormobile mat]

Long storie short, my father bought a land rover defender paid $22000 for her. trusted the racq approved inspection dealer. so didn't check it the best or at all lol dufas. went away to work for 5 month when he got home and used the car found the chasis had been welded and boged and fully rusted out, the car is a 2004 model. So now it is only worth 6000. fully riped and probably no way of getting anything back. has anyone got any help full advise thanks

[Psimpson7]

Unless it had spent the first 4 years of its life in the sea I cant see a 2004 defender having a termianlly rusted chassis........

[dormobile mat]

yeah did some reserch it is an ex hire beach car sad to say more worried about how they can get away with bogging the chassis your can push a pen through part of it it is bad i have never seen anything like it.

[Blknight.aus]

if he paid that much for it then he should have some kind of warrenty claim and protection..

IF he purchased it with a roadworthy ticket then he can haul whoever did the roadworthy over the coals for selling a vehicle that does not meet the requirements for roadworthy.

make sure hes got all the documents, a copy of the roadworthy stuff and head to a solicitor right away to get them to draft up a notice of intent and see where it goes.

[Sprint]

check the paperwork that your dad recieved when he bought it, i know the contracts we do at work have whats called a "Dealers Statement To Buyer" that basically certifies that the odmeter reading is correct/hasnt been changed by or on behalf of the dealer, that the motor hasnt been changedby or on behalf of the dealer, that the vehicle hasnt been used as a taxi, and (possibly) that the vehicle hasnt been used as a hire vehicle

basically, check every inch of the paperwork for ANY loopholes

[big guy]

I feel a legal battle coming on.

Go back to dealer and Ask to fix in first instance or ask for your money back.

I would than ask for legal advice.

Alternatively take some very heavy dudes with you.

[dormobile mat]

thaks all i appreciate every bit of help

[Shonky]

"Hire" and "Beach" are two words you don't want to hear about your car!

I'm sure you have realised in hindsight that you should never take anyones word for it, especially dealers. One of the members here has a saying - what has been made by man can be remade by man.

EDIT: Read the posts above - look for any loophole at all and I would definately seek legal advice! If that fails...

Assuming it is as bad as you say, (Warning - Unethical dealings ahead: ) Unless you can fob it off to someone as trusting as yourself (do-able - find a cashed up soccer mum or something) you are pretty much stuck with it. You can either cut your losses and end up $14,000 down or you can throw a bit more money at it and refurbish it. There is a D2 on carsales for $7000 at the moment, with a stuffed engine. If you have the time and inclination, you could swap your engine and any goodies across and then part out the leftovers - you may even recover the price of the second car.

The latter is probably not a bad idea, but will require a fair bit of work on your part unless you pay someone to do it (= $$$). If you are not comfortable with spanner spinning, help is always available here and it is amazing what people will do for you if you offer to throw a BBQ and crack a case or three. (See Incisors thread "I need favour" in the General Chat section! :o)

Update your profile so that people can see where you are - it helps when keeping you in mind for parts and assistance etc.

Best of luck.

[discowhite]

Long storie short, my father bought a land rover defender paid $22000 for her. trusted the racq approved inspection dealer. so didn't check it the best or at all lol dufas. went away to work for 5 month when he got home and used the car found the chasis had been welded and boged and fully rusted out, the car is a 2004 model. So now it is only worth 6000. fully riped and probably no way of getting anything back. has anyone got any help full advise thanks

where did it come from. ( the seller).just the city not the address.

cheers phil

[Sprint]

if he paid that much for it then he should have some kind of warrenty claim and protection..
statutory warranty on all used vehicles sold by a licenced dealer fall under 2 categories

Class A (3 Months-5,000km): Vehicle is under 10 years old from date of manufacture and has travelled LESS than 160,000km
Class B (1 Month - 1,000km): Vehicle is OLDER than 10 years from date of manufacture or has travelled MORE than 160,000km

ALL used vehicles sold by a LICENCED motor dealer in Queensland are required to carry the appropriate statutory warranty unless they fit one of a very few criteria such as being listed on the WOVR (Written-Off Vehicle Register), Older than 20 years from date of manufacture and sold for restoration purposes, sold to a wholesale motor dealer, licensed motor dealer, licensed wrecking yard, etc

unfortunately, the vehicle is not only out of any warranty period, but the warranty papers i've seen (printed and worded as required by the government afaik) state that the warranty DOES NOT cover any pre-existing damage to the vehicle that was evident at time of purchase

unfortunately, it appears as one great a**e covering exercise, and the words BUYER BEWARE have never been more important


IF he purchased it with a roadworthy ticket then he can haul whoever did the roadworthy over the coals for selling a vehicle that does not meet the requirements for roadworthy.


If the vehicle was purchased from a LICENSED motor dealer in Queensland, the vehicle would have been required to be sold with a current safety certificate, although how thoroghly the examiner inspected the vehicle, and how well the chassis repairs have been disguised would be open to debate, repairs can be of a quality that while bodgy, can appear to be the original, undamaged item


make sure hes got all the documents, a copy of the roadworthy stuff and head to a solicitor right away to get them to draft up a notice of intent and see where it goes.

quite true, but it would also pay to talk to Qld Transport and consumer affairs about the issue

[dormobile mat]

yeah she's bad need to use tow truck to transport while trying to find a solution insurance wouldn't cover it. poor old bugger i gets a bit dishartent. thanks again for all your help that what mkes this sight so good

[loanrangie]

I wouldnt except anything less than a full refund, go to the media if you have to. If you have a video camera, mock up a story outlying the shoddy and downright deadly nature of the vehicle that was purchased thru a dealer.

[UncleHo]

G'day Dormobile Mat :)

I would agree with Sprint, but I would also be checking the REVS list and looking for a repaired (illegally) Statuary Write Off, it may have been a repairable write off, check the paperwork VERY throughly, as there could be a way out, but you will probably need legal advice.

If the vender/dealer gives you major greif, I would advise you to present it to Transport Dept Zillmere Inspection Station with the relevent safety certicate, as they love dodgie RWC folk, (trust me I know,the mermaids well)


cheers

[rovercare]

I wouldnt except anything less than a full refund, go to the media if you have to. If you have a video camera, mock up a story outlying the shoddy and downright deadly nature of the vehicle that was purchased thru a dealer.

Do you know anyone who has ever gone to the media on an issue like this with any success?

I've seen this threat written all across the interweb, i.e. go to today tonight, ACA, etc, but has never actually known anyone to have done it with success

[dormobile mat]

yeah not on any register found out it was trying to be sold to a couple of different yard through a wholesailer all these people can shift the blame and it is hard to get them to be creditiable for anything

[XSiV]

Unless you can fob it off to someone as trusting as yourself (do-able - find a cashed up soccer mum or something) you are pretty much stuck with it.
they don't call you shonky for nothing, do they? :lol: (selling it off to a poor inncent soccer mum...indeed)<_<

I believe that a dealer must supply a road worthiness certificate with the sale of any vehicle (at least in NSW) by law. If they sold you such a vehicle I cannot see how it would be considered roadworthy and therefore I'd take it straight back to them via a solicitor. If you are in Sydney I can give you the details of a couple of good ones.

You could call fair trading or visit their website. There is a lot of excellent info and links on the fairtrading website.
check out: Motor vehicles - NSW Office of Fair Trading (http://www.fairtrading.nsw.gov.au/Consumers/Motor_vehicles.html)

cheers
Josh

[JDNSW]

Regardless of the specific state legislation, if it was sold by a business, then it comes under the Commonwealth consumer protection legislation, and is required to be of "merchantable quality" - which this appears not to have been. I would be seeking legal advice as a first step.

John

[XSiV]

Regardless of the specific state legislation, if it was sold by a business, then it comes under the Commonwealth consumer protection legislation, and is required to be of "merchantable quality" - which this appears not to have been. I would be seeking legal advice as a first step.

John

What he said! ;)

[Bigbjorn]

I do not know if these legislative instruments still apply. In my used car dealer days it was better from the dealers point of view for an aggrieved customer to take action against you under the Motor Dealers Act than under the Sale of Goods Act. The moptor Dealers Act may give you a gentle slap on the wrist, but the penalties and restitution under the Sale of Goods Act for goods not of merchantable quality could break you or give you a very serious financial fright.

Certainly I would be taking the vehicle and the Safety Certificate to Qld. Transport. UncleHo is correct. The transport inspectors really love sticking it to dodgy inspection stations.

[Blknight.aus]

quite true, but it would also pay to talk to Qld Transport and consumer affairs about the issue

the lawyer should be advise of that and also be able to tangle it up with the "mrchantable quality" deal and the process of getting whoever did the roadworthy inspected.

Theres a very skinny slice that he might sneak through if the bodgy repair work was well hidden that then opens up a whole can of worms that can eventaully lead back to whoever sold on the vehicle after having the unsound repair work done or whoever did the bodgie.

But usually for roadworthy places these days its a case of one flash and your ash when it comes to passing unroadworthy vehicles

[Timj]

You also stated that it was an RACQ approved dealer. If you get no satisfaction from the dealer then talk to RACQ as the dealer may not want that approval questioned or withdrawn.

[dullbird]

this car wasn't brought in sydney was it??

[Shonky]

they don't call you shonky for nothing, do they? :lol: (selling it off to a poor innocent soccer mum...indeed)<_<

Interestingly, "Shonky" is actually a very lazy incarnation of my last name and has nothing to do with any alleged (and strongly denied) shonkyness! :cool:

I didn't say I recommended it, and I certainly wouldn't do it myself but hey - it is an option is it not? :angel:

I do agree though... It isn't a nice thing to do to someone as our mate here has discovered.. :(

[XSiV]

Interestingly, "Shonky" is actually a very lazy incarnation of my last name and has nothing to do with any alleged (and strongly denied) shonkyness! :cool:

I didn't say I recommended it, and I certainly wouldn't do it myself but hey - it is an option is it not? :angel:

I do agree though... It isn't a nice thing to do to someone as our mate here has discovered.. :(

Just so you know, I was kidding :) and I did realise you were just laying down all options, no matter how dodgy they may be ;). And yes, strictly speaking it is an option, as is torching it and claiming the insurance! :o Did I say that? :wasntme:

[Shonky]

Nah, that would just be XSiV! (excessive)

:lol2:

[XSiV]

Nah, that would just be XSiV! (excessive)

:lol2:

Exactly!:cool:

[CraigE]

I am pretty sure that any chassis welding or plating must have a engineers certificate and this must be disclosed with any future sale of the car. Not saying chassis repairs can not be done but I know we had an ambo that had chassis repairs and without and engineers cert could not be sold as a roadworthy vehicle. It could however be sold as an unregistered as is vehicle without disclosing anything.

[catch-22]

You should do the leg work and get as much information about the history of the car as you can. Document the entire process including the sales process. Take yourselves and your documentation to a solicitor, preferrably, one who specialises. Include in that documentation evidence that your father was away on business for 5 months.

There is nothing to say that this didn't happen whilst the car was in your possession so the history is going to be key......

...And don't approach the dealer or ANY stealer until you have spoken to a solicitor. If you feel the solicitor may not have dealt with something like this before, move on to another...

[dormobile mat]

i would like to thank you all for your help muchly appreciated it has all been extreamly helpfull what ever help i can get is great thank u

[big guy]

Here in SA we just had a big section on Current affair just on the kind of thing that happened to your Dad.

Give them a call, call the dealer first when you called a current affair and have an interview with them.
The dealer may not want the exposure and give money back. Long before any lawyers get appointed.


The media is a very important tool of trade and can do immense harm.

Give it a go, call all the media channels, they love a feel good story.

Always have always will. Ratings.

Hope all goes well for you.

[rovercare]

Do you know anyone who has ever gone to the media on an issue like this with any success?

I've seen this threat written all across the interweb, i.e. go to today tonight, ACA, etc, but has never actually known anyone to have done it with success


Here in SA we just had a big section on Current affair just on the kind of thing that happened to your Dad.

Give them a call, call the dealer first when you called a current affair and have an interview with them.
The dealer may not want the exposure and give money back. Long before any lawyers get appointed.


The media is a very important tool of trade and can do immense harm.

Give it a go, call all the media channels, they love a feel good story.

Always have always will. Ratings.

Hope all goes well for you.

????;)

[dormobile mat]

yeah but still make the calls see where it leads you boht have good points if u don't ask the question u don't know but could be a long process then again so could this whole thing thanks

[George130]

went away to work for 5 month

That line there means you will lose any battle. If he has had it 5 months then sorry to it will be a case of bad luck. Talk to a lawyer and see what they think.

[dormobile mat]

hopefully not but every bit of peoples feedback is helpfull thanks

[Sleepy]

Not sure about the shonky repairs (no, not you Andrew), but don't Land Rover have a 6 year corrosion warranty?

[sadbenn]

All ways take the vehicle to a independent assessor when buying any thing stick it up on the hoist and have a good look at it .If they wont let you take it to some one else for assessment move on .One of the last cars I test drove hadn't even been looked at hand brake wouldn't hold left stuck in park very red faced when they went to move it then I rattled of all its faults .
A friend of the wife's had the same thing happen to her son ,full refund was given. As it turned out the dealer wasn't a MTAQ dealer and didn't want the hassles . best of luck as age is now on the dealers side.
It ****es me of that some low life repaired this vehicle this way this is why people go to tech and learn to repair cars the right way . Go dept transport
first then legal then dealer. and do all correspondence to all parties in writing Best of luck shoddy work like this should be traced back to who done it .

[Tombie]

Do you know anyone who has ever gone to the media on an issue like this with any success?

I've seen this threat written all across the interweb, i.e. go to today tonight, ACA, etc, but has never actually known anyone to have done it with success

Yes!

Several years ago ACA did one on a Adelaide guy with a dodgy Fairlaine.

He bought it new, and had spent 10 out of 12 months at the stealers...

He was at the end of his rope..

ACA stepped in, then Holden got on the 'good PR' bandwagon and gave him a Statesman and took the "Lemon" Ford away.

[dormobile mat]

cheers for that thanks every one again

[Xtreme]

And if all the aforementioned fails, Then I know where there is a good rust free 2003 chassis that may be available in the near future.

Roger

[dormobile mat]

cheers where would it be located

[rovercare]

Yes!

Several years ago ACA did one on a Adelaide guy with a dodgy Fairlaine.

He bought it new, and had spent 10 out of 12 months at the stealers...

He was at the end of his rope..

ACA stepped in, then Holden got on the 'good PR' bandwagon and gave him a Statesman and took the "Lemon" Ford away.

You know him personally? family member? long time friend?

[Xtreme]

cheers where would it be located

North western suburbs of Sydney.

Roger