I Messed Up and Accidently Bought a Written Off Car

I was in a rush and agreed to buy it, and deposited 1k with the seller today.

After the meet up about hours, I realized there was no way the car would be this cheap and did a ppsr check and… realize I Mod: Removed Profanity up big time.

I came to inspect with my mate, the seller told me the car did have accident but very minor. So at least I have someone to confirm he was telling lie because the car had quite serious accident according to the ppsr.

I haven't paid him in full, is there anyway I could get out of this case peacefully? Any suggestion would be welcome, thanks.

Add my ppsr report:

NEVDIS Written­off Vehicle Notification:
VIC, 10 Nov 2016, Inspected
I02A [Impact | Driver front | Heavy panel]
I01C [Impact | Passenger front | Heavy structural]
I41E [Impact | Seat belt pre­tensioner | Unrepairable ]
I04A [Impact | Driver rear | Heavy panel]
I17C [Impact | Chassis/structural rail (passenger) | Heavy structural]
I38E [Impact | Airbag front | Unrepairable ]
VIC, 29 Jul 2015, Repairable Write­off
I02A [Impact | Driver front | Heavy panel]
I01C [Impact | Passenger front | Heavy structural]
I41E [Impact | Seat belt pre­tensioner | Unrepairable ]
I04A [Impact | Driver rear | Heavy panel]
I17C [Impact | Chassis/structural rail (passenger) | Heavy structural]
I38E [Impact | Airbag front | Unrepairable ]

Comments

  • Was this a "repairable write-off", as opposed to a "write-off"? There is a difference between the two, with the former generally being a decision not to repair due to the cost outweighing the value of the car. Without knowing the age and make of the car, it's difficult to know if you have made a bad decision here. Worst case scenario, you may have lost your deposit.

    • Its "VIC, 29 Jul 2015, Repairable Write­off" as seen in the ppsr report.
      and the car is 2014 Honda Civic VTi-L Auto MY13.
      Regardless, buying a writeoff car is a bad decision, Im thinking a way to talk back to him tmr, I dont wanna lose that deposit money.

      • Yeah I know what you're saying - you will not get any remaining vehicle warranty. If the seller is nice they may give your money back, otherwise you are going to be arguing over what the seller considers a minor accident and you consider a major accident.

        • True, but I think I still need to talk with him, since him putting ads on the carsale websire, should I bother contact carsale, let them know to warn other about this seller?

        • +18

          @SoShy: He is not doing anything illegal. A repairable write off is allowed to be repaired, registered and sold again.

        • +1

          @resubaehtgnolhcs:

          you need to have safe-worthy inspection on the repaired written off car

          I bought a hail storm "written-off" car before, purely cosmetic, and I still need to get it certified to be safe worthy on road due to "repairable written-off"

        • +1

          @edgar28: Yep, I understand that. My assumption with this car was that it was being sold with registration, which would mean that all the inspections would have been met. And the seller is under no obligation to produce any of these reports unless you ask them to when you are first negotiating.

        • -5

          @resubaehtgnolhcs: there's your get out of jail free card. If it has been advertised as coming with rego yet how can a written off car be registered?

        • +1

          @backpaqer: Ummm, you clearly don't understand the concept of repairable write-off!

        • Agree with the" you will be arguing over if it is a major or minor accident".
          In my personal opinion a minor accident shouldn't write the car off. Even if it can be/has been repaired.

        • @resubaehtgnolhcs: my thought is that he was selling the car as currently registered. But as a repairable write-off it cannot be registered until certified by an engineer. Thanks for the negs.

      • +6

        Depends how much you're paying for the car? If it is cheap - you know that you'll only be able to sell it yourself for much less than if it wasn't a 'repairable write off". Armed with the ppsr you can speak to him and ask the name of the repairer as you wish to speak to them about the work that they have done. If it is him - and he is obviously doing it in his backyard - it's going to be dodgy and done to a standard that just gets it over for the line to be able to reregister it. Ask to speak to the sister with him there as she is the owner - and challenge her that the minor crash was actually major - you've just found out from the ppsr. So "Please Explain?!" Tell them that he has lied and that you called a lawyer who advised that you have put a deposit on a vehicle that is not like what was described to you eg the small accident vs the large one as per the ppsr.

      • How much did you pay for it if you don't mind me asking, when i was trying to purchase a car i was having the same issues, but i didn't jump the gun, so many repairable write offs.

        I ended up geting a brand spankin new 2015 Civic with all the bells and whistles and even the official mats! it was only 20,500 after the discount i got, found out a couple of weeks into searching for a car that my dad knew one of the accountants for the dealerships near my area and got a 7k discount.

  • +2

    Agree with above post, if the car is a statutory write off or non repairable write off. The person is legally unable to sell the car unless stating its for parts. Its not registerable. It's in bad taste the original owner lying to you. I would show him the paperwork saying it's a write off and tell him you can't register the car as it's a write off and you want your deposit back.
    Not sure what state you are in but this is a good guide.
    https://www.vicroads.vic.gov.au/registration/vehicle-modific…

    • +2

      It's a repairable write-off, so I would assume the car has been repaired and re-registered. So not sure if your suggested plan would work? However, if the car is not registered you could argue what you have suggested, but I am assuming the seller knows what they are doing, and this would not be the first time they have done something like this.

      • +1

        @Cheapsize
        @resubaehtgnolhcs
        And I dont know if this gonna help, the seller's "sister" is the owner of the car, apprently she only came out at the end of the conversation to sign the "agreement". He told me he is painter, thats why he doesnt drive the car much => low km counter. Thinking back, this guy is full on lier and scammer.

        • I agree the seller has told you some lies, but this won't get your deposit back. I take it that you are in VIC? If so, then according to VIC Roads the onus is on you to do all the checks and ask the right questions

        • @resubaehtgnolhcs:
          Yeah, Im the one at fault too, this has ruined my week, atleast I havent paid in full.
          Still I think I will have a conversation with him, about him telling lies and such. If I cant get any money back at the end, I can atleast say FU to his face.

        • +3

          @SoShy: Yeah, you can also argue that you will not get the remainder of the 3yr/100,000km warranty and this is a deal breaker for you! You don't want to buy a car that less than 3 years old and without warranty, so you can ask for your deposit back.

        • Have you searched their details? Presumably in her name for some type dodgy reason. Wild guess, but maybe he is car dealer selling privately. If you can find the reason, if he were refusing to refund might change his mind.

        • @Gofast:

          Im not really sure what I can get with just her name, I dont have the brother details. He was the one done all the talking, but nice suggestion. Thanks you.

        • +2

          Was almost in a similar position to you, except I found out beforehand. The seller claimed it's not his car, but his brother's. It never is their own car, isn't it?

  • +8

    No contracts have been signed, nothing to say you have to go through with it.

    Getting the $1k back is another story. You may have to write that off and cease contact with the seller.

    Walk away now though don't even both communicating with the seller.

    • ACtually we did write a hand writing "agreement" to buy the car, me and the seller both took picture and Im keeping the paper. Not sure if this gonna bring any trouble.

      • I think worst case scenario is that you will lose your deposit. It is your responsibility to do all checks before purchasing a privately advertised second hand car. I am not based in VIC, so am unsure if there are any requirements there for a seller to inform you of the car's history.

      • Nope, still not legally binding enough that he'd bother going through the hassle of a court case

        • Thats nice to know, should I say back anything if he gonna bring the :"You promised to buy, we sign the contract" card?

        • +7

          @SoShy:

          Say "Yep, that was before I found out the tiny crash was major"

        • @affable:
          [@Spackbace]

          Thanks guys.

        • +11

          @SoShy: The seller is REQUIRED to advise if on the Written Off register. You have been mislead and they not complied with VicRoads. I reckon good ammunition.

      • ACtually we did write a hand writing "agreement" to buy the car,

        https://www.legalaid.vic.gov.au/find-legal-answers/consumer-…

        • +1

          But he HAS to disclose that the vehicle is on the Written Off register and if he doesn't - he has broken the law.

        • -1

          @Michegianni: Why? If it was an economic write-off, and it's been repaired, inspected, and re-registered then it's just like any other car on the road.

      • -1

        Legally there is a 10 days cooling off period for any damn contract.

        • +2

          Not sure about 'damn contracts', but not for every contract there isn't.

          Source - our vehicle contracts state "There is no cooling off period", and this is perfectly allowable by law.

        • Does it apply if you made a contract with the Devil?

        • There is no cooling off period in a private purchase.

  • -2

    Ask him to give you quotes for the repairs if any or the insurance report of the damages. Ask for a huge discount on the car as he didn't tell you it was a write off . Something ridiculous like $500 total price or you want your money back. He got his market value so I mean anything he gets is pure profit right?

    • +1

      Not sure if you understand "repairable write-off". This car would have been purchased at an insurance auction for damaged cars. It would have then been repaired to standards to allow it to be registered. It has nothing to do with the original owner who would have received "market value" or whatever they were insured for.

  • I wouldn't call this a scam. It's more a sad reality of the second hand market.

    If it were me, I would go in person for a final inspection and find evidence of the damage as it's listed and ask for the deposit back. This will take acting skills :) It's also common to take a car beng sold for a 'once over' by a mechanic. Maybe you can find one to do the inspection. That is very standard procedure. He can fail it and explain to the seller why.

    I think due to the damage history there is very little chance of you being pursued to complete the sale, but getting your deposit back will be hard work.

  • +9

    The seller misled you, he said it was a minor repair, you can prove otherwise, he also is not the owner of the vehicle, so unless the contract is with the owner its irrelevant. You cannot form a contract with a 3rd party to sell someone elses property. Unless that person has legal standing, like for a deceased estate and they are the executive of the will. Or the owner gave her brother legal authority to act on her behalf.

  • -7

    I have heard that in Victoria it is illegal for other than the owner themselves or a dealer to sell vehicles. I suggest contacting Vicroads.

    • +4

      No, you are just making that up.

      • +2

        No. Someone I know locally put a car outside his property with his phone number on the screen and he received a visit from VicRoads and told he couldn't have anything other than the owners number on it. I did say hear and I did suggest contacting VicRoads. All only trying to help the OP.

      • I think he's just saying pretty much what garetz said. Can't form a contract to sell, illegal to sell, similar ideas.

    • Ok. maybe it was considered by Vicroads as the person being a dealer. Normally 4 or more but can be considered if less.
      https://www.consumer.vic.gov.au/contact-us/report-an-issue/r…

  • The seller is required to advise that the car is on a written-off register.

    • Not sure where you are getting that information from, as there is nothing on the VIC Roads website stipulating that. In fact the website states that the buyer should check PPSR and ask questions!

      • +3

        Step 2 under Note.

        Note: You are required to inform the buyer in writing whether the vehicle is entered on any Written-off Vehicle Register, either in Victoria or interstate.

        • Ah ok, so that would happen when paper work is exchanged and not necessarily when initial negotiations are taking place - which seems to make it odd!

    • +1

      No good to the buyer in this instance as he has only given the deposit thus far.

  • +4

    The exact same thing happened to me but I had the car checked by NRMA who visited the house. It was in punchbowl area and it felt pretty dodgy at the time. I called and said that I was advised not to buy the car due to various issues and want the money back. I tried not to imply he was purposely selling me a dodgy car. He argued but agreed in the end. Awkward picking up the money as I had to meet at a hairdresser where he worked. Walked in there with a dozen large thugs looking at me and thought this could Easily turn bad for me. Hit the money though and learnt my lesson about looking at cars from certain postcodes.

    • Yup, I think I can try your method, tell him I couldnt borrow enough money or found another car, instead of give him the ppsr report.

      • +8

        I wouldn't say you didn't have money. Then it's your fault and deserve no deposit returned.

      • +1

        I think you should just say that you found it on SSPR and that he didn't tell you and you no longer want to go through with the contract. Maybe I'm just socially clueless and people have tact but it seems pretty straightforward to me. If he doesn't pay you back then take him to court, he'll probably come up with the money before the court date, either that or you'll most likely win anyway. Even if you don't win, you haven't lost anything from this point onward.

    • Wow, that must have been pretty uncomfortable!

    • +3

      It was in punchbowl area and it felt pretty dodgy at the time

      That's how it usually feels.

      I had to meet at a hairdresser where he worked. Walked in there with a dozen large thugs looking at me

      LOL it's hard for me to mentally visualise this. The blokes I've seen working in hairdressers don't tend to be intimidating..

      • I know what you mean but… Punchbowl :)

      • It was actually like a whole gang either just hanging out in the shop or they were all in line for a haircut. I didn't hang around to ask.

    • +1

      Hi Speedracer,

      I had the exact same thing happen in Punchbowl! Had a look at the car at night, looked great, drove well. Had an inspection done to be sure, and it turned out to be two cars welded together, and wasn't on a write off register and was informed the car hadn't been in any accidents "that he knew of".

      Deposited $200, plus the cost of inspection which I didn't get it back. Glad I found out before paying though!

      It's always worth getting a check done when you're talking about a large sum of money.

      Good luck getting your money back OP.

      • The problem with the car was the same issue as you. The doors had been completely replaced but not registered as a write off. When I first looked at it I should have realised it was a car at a price that was too good to be true.

  • Why is a repairable writeoff in 2015 but Written off in 2016 ????

    • +2

      It would have crashed in July 2015, and fixed and inspected in Nov 2016.

    • Probably that car, $16500, since he took the ads off.

      • did you offer the $1k deposit or did the seller push for that amount?

    • The ad is now gone, BUT Google Cache reveals the text does say "Never had any accidents". If it's the same car, that is.

  • +14

    Thanks you guys for supporting me. I contacted him this morning, after a long conversation and arguing. I got $500 back, and he get to keep the other half.

    Well, big lession for me, but I will never forget this accident. Hope everyone has a good day.

    • did you offer the $1k deposit or did the seller push for that amount?

      • He pushed for that.

        • +8

          it sound like a scam. the seller wants a high deposit. the buyer finds out that the vehicle was not as described and reneges on the agreement. both parties form a new agreement where the seller returns a partial deposit. rinse and repeat, until the vehicle is.

        • +13

          @whooah1979:

          A fool and his money are soon parted.

          Should've received $1000 back.

        • @Scrooge McDuck: I would of argued for his bank account details, person details, and anything substantial identification of the person (eg… getting as much information as you can). Then request the full deposit back due to miss-leading advertisement.

          Failing that I hope you didn't pay in cash? I would of contacted my bank and just request a reverse transaction giving them as much information possible.

        • +1

          @doodo477: That's not possible. Bank cannot undo the transfer. Bank has no control over the transfers if transfer was made the account holder unless it was fraudulent and un-authorised transfer.

    • +23

      Send me a PM.

      I'll assist you to recover your remaining $500.

      • +2

        Bikies?

        • +1

          Not needed. A displeased duck is formidable enough.

      • Should've known you ages ago, been scammed by this one guy who never gives me my deposit for car rental…

    • You were willing to lose $500?

  • +1

    VCAT is a low cost option.

  • +7

    Glad you got $500 back. Your pretty lucky to get that IMHO. Just chalk it up as a lesson learned. Had a similar thing happen to me with a motorbike, but I was only out of pocket $300 so I just wrote it off.

  • +19

    Hi I'm a lawyer.

    Flick me a copy of your "agreement"?

    I can have a squiz for you.

    You can blank out the names etc.

    • -1

      I've always been curious about the Ball Tampering laws; specifically using unnatural lubricants to shine the cricket ball?

      Thanks, and warm regards,

      Thithlord

      • +10

        I would have asked him if Fujitsu really is Australia's favourite air.

  • +3

    lesson learned, dont ever rush these sorts of things. i would rather loose the $1K deposit, then buy a dud, spend $5K fixing it up, and then loosing $5k when you try to re-sell it.

  • +3

    U dun goofed

  • +3

    A repairable write off that has gone through viv is literally at manufacturer specifications.

    They are often straighter than vehicles off the factory line. The vehicle must have every screw replaced to specification and the entire vehicle is placed on a 'car-o-liner'.

    Given it was registered, it's passed viv. No real issues there. Yes, the seller tried to pull the wool and there are some warranty issues given is new age, but those factors dictate a lower price compared to market value. There's no such thing as a free lunch.

    Buying an unregistered repairable write off on the other hand, is a ####'n nightmare for the above reasons.

    Sincerely,

    Someone who has been through viv in Victoria.

    • +1

      caveat emptor is really after you've transferred owner-ship of the vehicle. In the case of deposit there is two lessons here.

      1) Your deposit can be any amount you feel safe putting on the deal. I put down $100 for a $15,000 Camry that I purchased from a dealership.
      2) If you're not purchasing from a dealership, you've to do all your prior check's on the vehicle such as credit checks, ownership checks, and also any outstanding liabilities outstanding on the vehicle.

  • +1

    If I'd buy a car with a deposit I'd write a contract on the deposit, subject to finance, full inspection by RACV with full pass and not being ever written off. Full refund on deposit if adversely affected. Also put in a reasonable cooling off period.
    That's for future reference.

    @amazingzone not so.
    Contracts are designed to benefit the signee, the person entering into the contract.
    In this case should be a remedy as there was a misrepresentation and the person selling the car broke the law by not disclosing it was written off. If it went to court and the OP could prove that the seller never disclosed that it was a write off they could get the deposit back. (Via car ad. Text messages etc). As the contract is Prima facia void this is because You cannot enter into a contract where the person making a contract is performing an illegal deed. In this case a crime tort or fraud.
    More info here:
    http://www.lawhandbook.org.au/07_01_02_elements_of_a_contrac…

    • Yeah, hindsight's 20/20. It's always best to learn from the mistakes of others but being humans we generally only learn the hard way.

  • +1

    I would take this to Vicroads. The seller has to to advise you in writing that the vehicle is on the WOVR. If he didn't, he's in trouble. You should definitely ask for the other $500 back at least.

    "If you wish to transfer a repairable write-off after it has been registered, you must complete an Application for Transfer of Registration [PDF 369 Kb] form, certifying that you have advised the buyer in writing that the vehicle is recorded on the written off vehicles register (WOVR)."

    Source: https://www.vicroads.vic.gov.au/registration/vehicle-modific…

    • +1

      In this instance they never reached that point (only deposit had been paid, so no application to transfer registration had been filled in) where the seller needed to make the disclosure.

      Up till that point, its up to the potential buyer to ask the seller and do their own due diligence.

      Also who in their right mind pays a $1000 deposit? I would agree to maximum of $200.

      • I just posted the guidelines for reference, the actual law is:

        "(1) A person who sells a written-off vehicle must inform the purchaser in writing whether the vehicle is entered on the register of written-off vehicles or on an interstate written-off vehicles register."

        I'm not an expert but I would think it would be illegal to refuse to refund if you hadn't disclosed this information beforehand. The reason for the disclosure is that it makes the purchase less desirable. Disclosing this after money has been accepted is completely unfair on the buyer. Not just in this case but in all cases where disclosure is legally required. I could be wrong so that's why I suggested contacting Vicroads.

        Source: http://www.austlii.edu.au/au/legis/vic/consol_reg/rsr2009309…

        • The OP managed to claw back some of his deposit which is Great, but by his own admission it was incorrect not to perform additional checks, before handing over $1000 after being told about 'car having had an accident'.

          "I came to inspect with my mate, the seller told me the car did have accident but very minor."

          I'm no lawyer either, but I surmise that in telling the potential buyer about the accident (however it was described), the seller can be seen as having discharged his obligation under the act.

        • +1

          @xuqi:

          The law is very specific. The buyer needs to be advised - in writing - that the vehicle is entered on the register of written-off vehicles. I'd be pursuing this further but maybe that's just me ;)

        • @dazweeja: Yes, the buyer is advised in writing on the transfer of ownership form. There is a specific question there that you have answer yes/no to - that's your written evidence. However, this scenario never got as far as the transfer of ownership form…

      • Eek. I paid a $8500 deposit on my last car, sight unseen. I think I'll be a little more careful next time.

  • +2

    Lol why would any one feel comfortable putting down a $1000 deposit?

  • Honestly I would pull out of the deal. Front passenger and front driver panel, structural and chassis rail listed as damaged plus front seatbelt pretensioners and air bag released so they would've been going at least 40km/h. Are you sure it's repairable? You'd be looking at 5 digits from some places in repair costs, and you'd have to take it for a roadworthy check depending on your state after that and they'll pick on other things. And that's just from the chassis alone.

    Mechanical damage from a front on ding can be harder to locate and fix.

    I was T boned in my evo over a year ago and even though they only hit the front right quarter panel, the braces pushed out the other side of the car as well, oil cooler and radiator damaged, suspension arms, shocks, brakes, wheel and tyre damaged, panel damage, possible drive train and gearbox damage. Was quoted 17k initial, which may have blown out more upon further inspection. Wasn't worth repairing.

Login or Join to leave a comment