Purchasing a Motor Vehicle from a second hand dealer? Maybe think twice.
Second hand car from a dealer
You are normally entitled to a statutory warranty either Class A or B. Class A warranties of 3 months or 5000 km apply if the vehicle’s odometer reading is less than 160,000 km and the vehicle is less than 10 years old. Class B warranties are for 1 month or 1000 km whichever occurs first. The warranties apply to most but not all vehicles. The warranties cover most but not all defects. The warranties do not cover damage caused by you, accessories not fitted to the vehicle when it was sold, defects in the radio or CD or tape player, tyres or tubes airbags, paintwork or upholstery defects apparent at time of delivery of the vehicle and other items.
Vehicles with no warranty must be clearly marked.
You have a 1 day cooling off period, but if you take possession of the vehicle during the cooling off period, you lose your right to “cool off”.
You can terminate during the cooling off period by written notice. The dealer can keep $100 of the deposit you paid.
Make sure that you get a REVS clearance. If the vehicle has not been paid off, then you cannot receive title to the vehicle and any financier is entitled to re-take the vehicle from you. You can order a V check from the Department of Transport. The check will show amongst other things if the vehicle is stolen or written off. You can also contact the police to check if the vehicle is listed as stolen.
From a Private individual
The Seller has no obligations to you. At the start you should obtain photographic identification of the person that you are dealing with. Remember that you receive no statutory warranty and you are not entitled to a cooling off period.
Check the registration number, chassis number and/or VIN number. Do a registration search and make sure that the details on the vehicle match those on the registration search. Is the person you are dealing with the person listed on the registration search?
Check that the vehicle is not stolen. Contact the police or obtain a V search. The vehicle should have a roadworthy certificate.
Finally but extremely important is that you need to obtain a REVS search. Remember that if money is owing on a vehicle, the person to whom the money is owing can
re-possess the vehicle. It is really a case of Buyer Beware.
This is a general overview. For more detailed information contact our office.