Sold a Car - Buyer Not Happy and Threaten to Report/Sue

tickettomars on 31/05/2022 - 17:57
Last edited 17/06/2022 - 14:09

Asking for a friend in distress. He recently sold his car with RWC certificate, even though there was an issue with the door but it passed the RWC test. Buyer came to his house, test drove the car and pay cash. It was a smooth transaction and my friend was so happy and went on to buy another car (newer model, more reliable).

2 week later the buyer came back, claiming there is something wrong with the door and the gearbox (the car never had a problem with gearbox before). They said my friend sold him a car with RWC but the car is not roadworthy itself, and that the RWC was a fake (lol). My friend offered the buyer $1000 to help fix the door but buyer did not accept, asking my friend to do the roadworthy check again, but this time at a genuine service centre (i.e. go to Honda if the car is a Honda). My friend refused to do so, as the name transfer was completed.

Now the buyer threaten to report my friend to the police, and sue him because of the 'fake' rwc. My friend is so worried although I don't think he did anything wrong. A licensed mechanics did the rwc for him and he still got the receipt.

If you were the buyer, what would you report/sue my friend for? In my opinion, it was the buyer bad luck which my friend was willing to assist with the $1000 offer.

Update: thanks everyone for chipping in your opinion. The buyer has calmed down and asked nicely for a share of the gearbox repair, no more threats to sue or report. My friend is considering it, but this time under no stress. It's now totally up to him. He would like to thank everyone comment here, reading them made he feel much better.

Update: he's been recording every phone call from the buyer, just in case he threatened the safety of my friend's family. But there's none.

Final update: thank you very much everyone for chipping in your advices/opinions. My friend got a big relief reading these comments. They really helped. In the end, he decided to help the buyer $1000 fixing the gearbox. Both my friend and the buyer came from overseas (same country) plus the buyer bought the vehicle (a van) to start a business. I think that's the reason why my friend want to share the bad luck with the buyer. And I respect his decision.

Automotive

Comments

  • Hybroid on 31/05/2022 - 17:57
    +154

    Stopped reading at 2 week later.

    Nope. Buyer beware. Too bad.

    It's just a scare tactic, ignore buyer and move on with life. Nothing they can do at all.

    • SF3 on 31/05/2022 - 23:36
      +8

      Nothing they can do at all.

      Maybe OP's 'friend' concern is the buyer's physique, Buyer came to his house. Glad this isn't America…

      • iDroid on 31/05/2022 - 23:52
        +5

        Or is it?

        • ozbjunkie on 01/06/2022 - 11:17

          51st state I heard at some point

          • R4 on 01/06/2022 - 16:36
            +2

            @ozbjunkie: That's Canada. UK is 52nd and we're 53rd.

      • cameldownunder on 01/06/2022 - 22:34

        If this was America, the buyer would be trespassing and the Owner of the house would be allowed to shoot him. MAGA !!! </sarcasm>

    • magic8ballgag on 02/06/2022 - 09:03

      Nothing they can do at all.

      There's a few things they could do, but will they? Probably not.

  • randomusername2017 on 31/05/2022 - 18:02
    +3

    2 week later the seller came back

    Should be an easy return process

  • rektrading on 31/05/2022 - 18:03
    +22

    Now the buyer threaten to report my friend to the police, and sue him because of the 'fake' rwc. My friend is so worried although I don't think he did anything wrong.

    Tell your fren not to worry.

    The workshop is one that is in trouble if they sell fake checks.

    • trongy on 31/05/2022 - 21:35
      +114

      It's worth noting that a roadworthy certificate shows a car has passed some important safety checks - things like brakes, tyres, seat belts, lights and windscreen visibility.
      An RWC does not guarantee that a car is free from mechanical faults.

      • Kangal on 01/06/2022 - 01:01
        +3

        This.

      • ColtNoir on 01/06/2022 - 14:20
        +5

        This 100%. I was like the buyer(although not blaming the seller) in thinking that a RWC was a mechanical inspection, luckily I got some advice before I bought my first car.
        I really wish there was more education as part of getting your license about these types of things. Having useless parents sucked.

        • Harold Halfprice on 01/06/2022 - 18:28
          +1

          A RWC is definitely a mechanical inspection - but they don't cover every single component of the vehicle and have nothing to do with the reliability of the vehicle.

          They mainly look at things that could compromise the safety of the vehicle - things like brakes, wheels, suspension, chassis etc

          • cameldownunder on 01/06/2022 - 22:35
            +1

            @Harold Halfprice: Engine not working? Safest car in the world.

            • Harold Halfprice on 02/06/2022 - 09:39

              @cameldownunder: If the engine doesn't work it's not going to pass roadworthy….

              The engine and drivetrain do get inspected as part of a RWC.

              • cameldownunder on 03/06/2022 - 09:04

                @Harold Halfprice: Never said it would be RW, just said, very safe. Even safer if parked in driveway or garage.

              • ColtNoir on 08/06/2022 - 11:41

                @Harold Halfprice: RWC is basically a pink slip. For $35 who’s checking the engine?

                The brakes work with their machine
                The indicators are fine
                Tyres aren't too low
                No outer body rust that would injure people in an accident.
                The wipers work

                • Harold Halfprice on 09/06/2022 - 00:15

                  @ColtNoir: Possibly in NSW, but in Vic they are far more thorough than that.

                  They're not going to do a full inspection on the engine - but if the "engine doesn't work" or one of the cylinders is out, leaking oil etc it's not going to pass. They also need to take photos and keep them on file here.

                  We however don't do them as frequently - it's not a yearly check here in Vic. Only when selling the vehicle and transferring registration.

      • [Deactivated] on 01/06/2022 - 18:39
        -2

        They're so dodgy, I bought a car from Melbourne and had so many problems when I brought it to Adelaide.

        When I rang the engineering firm that signed it off, and I threatened them they were panicking!
        Melbourne has so many dodgy mechanics sign roadworthys, especially repairable write offs.

        I wish it was like New South Wales where it's banned.

        You can still take the seller to small claims court, and a judge will decide.

        • Commander Shepard on 02/06/2022 - 00:30
          +1

          Or you can buy a car from South Australia and have no RWC at all? A RWC is not a independent inspection or PPI.

  • Drakesy on 31/05/2022 - 18:04
    +47

    Tell the buyer to go take a long walk off a short pier

    If they wanted a warranty they should've bought new or from a stealership.

    Tell you friend to keep the money and not deal with them.

  • Switchblade88 on 31/05/2022 - 18:05
    +1

    the RWC was a fake

    Normally I'd say buyer beware, but this throws a spanner in the works. Would that be sufficient grounds for a small claims court judgement or similar? i.e. breach of contract/deliberate deception?

    • brendanm on 31/05/2022 - 18:35
      +33

      No, if there is a rwc issue, it is to be taken up with the person who issued the rwc, not the seller.

    • [Deactivated] on 31/05/2022 - 18:36
      +20

      No, the RWC was real, not a fake printout. What the buyer is claiming is that the shop that supplied the genuine RWC was fraudulent. The RWC was accepted as real by the state RTA and the transfer was complete.

      The problem is a RWC does not check if the car is safe, reliable, has a door issue, or a scratch on the bumper, it only checks RWC items.

      If the gearbox failed after two weeks, that is not something the RWC shop, or the seller, has any responsibility for. As for the door, I wouldn't have offered anything for it.

      • Switchblade88 on 31/05/2022 - 19:22

        Makes sense. I was interpreting the RWC was actually fake, and not as a claim by the buyer to get a refund.

        Definitely buyer beware then.

      • harrywwc on 01/06/2022 - 07:16
        +7

        The problem is a RWC does not check if the car is safe, reliable, has a door issue, or a scratch on the bumper, it only checks RWC items.

        If the gearbox failed after two weeks, that is not something the RWC shop, or the seller, has any responsibility for. As for the door, I wouldn't have offered anything for it.

        Road Worthy Cert, as you said, doesn't cover these things. If the buyer wanted that checked, then they needed to get their own mechanic (or an NRMA - or equivalent) check done.

        You buy anything privately, it is up to the buyer to assure themselves that it meets their requirements.

        No guarantees, no takesie-backsies.

  • cashless on 31/05/2022 - 18:05
    +13

    Relax, calm down, enjoy life and tell the buyer to get a ticket to mars

    • bdl on 31/05/2022 - 18:17
      +1

      If car is a Tesla, Elon will sell ticket for cheaper

  • bobbified on 31/05/2022 - 18:07
    +14

    Tell the buyer to get stuffed. That's the risk of buying used cars. He/she inspected it, drove it and was happy with it. No refunds.

  • 87percent on 31/05/2022 - 18:10
    +4

    I’d tell him to take the issues up with the place that supplied the rwc

  • holdenmg on 31/05/2022 - 18:17
    +14

    Have the buyer take the "fake" RWC to the pretend police. lol

  • SF3 on 31/05/2022 - 18:19
    +2

    Ask your ‘friend’ to ignore and report back in 2 weeks.

  • TheMindsetTraveller on 31/05/2022 - 18:29
    +14

    Tell your friend to relax.

    I mean the cops don't even do anything for alleged sexual assault claims in Parliament House.

    Do you think they would worry about an alleged fake RWC in a private monetary transaction?

      • connorlo on 01/06/2022 - 08:54
        +1

        was what Skylex said incorrect information?

        • [Deactivated] on 01/06/2022 - 09:15
          -4

          No. I assume people are mad about the first part of the comment. Factually correct, but they still don't like it being pointed out.

          That aside, where a fake RWC would differ from a standard civil dispute is that fraud is involved. If a fake RWC was created by the seller, it would be found out immediately when attempting to transfer the car into the buyer's name. Fraud is a crime, not a civil matter.

          If the shop provided a fake RWC, that is the car would not pass, but they passed it anyway, then the shop would lose their license. The shop is required to take photos of everything checked, and it's quite an involved process.

          Once upon a time it was quite easy to get these for a nominal tip, but these days they're far more stringent about it because of all the oversight. It's not worth losing their license over.

        • trongy on 01/06/2022 - 19:20
          +3

          There's been enough sexual assault allegations in Parliament that there's a wikipedia page about
          them          .

          I think the most famous one would be the Brittany Higgins case. The police did investigate, charges have been laid and there's a trial set to start this month if the accused can find a barrister:
          Trial of Brittany Higgins's accused rapist Bruce Lehrmann set to be delayed

      • Daz91 on 01/06/2022 - 16:26
        -4

        This place is full of labor voters just so you know, that’s why everyone here is so awful

        • GrueHunter on 01/06/2022 - 18:40

          "Winners" starts with a w, not a v

    • [Deactivated] on 31/05/2022 - 20:49
      +3

      Weird

    • [Deactivated] on 01/06/2022 - 18:07

      She initially dropped the charges, however it is in fact going to trial.

      https://www.abc.net.au/news/2021-11-18/bruce-lehrmann-trial-…

  • Unorthodox on 31/05/2022 - 18:31
    +3

    Did your friend know the the door issue was significant and or cause for it to not be roadworthy?
    Did the mechanic who did the check say anything or record anything?

    I'm okay with buyer beware but there's also being a decent human being and not screwing someone over especially given the value of the transaction.

    Good on your friend for at least offering the $1k to help out. The buyer should also have had their own mechanic check it before purchase.

  • mini2 on 31/05/2022 - 18:52

    Fake RWC? Let the idiot buyer have a go at the workshop that issued the RWC.

  • AndyC1 on 31/05/2022 - 18:57
    +14

    Tell friend to call the police as he has been threatened by the buyer. This way the police have the threat on record and will tell the buyer in not so many works he is up the creek in a leaky boat and no life jacket so if he persists then they will fine the buyer for being on a boat with no life jackets.

  • Ocker on 31/05/2022 - 19:08
    +19

    Your "friends" biggest mistake was to offer the buyer $1,000 compensation as this in itself is an admission of guilt. That is, the door genuinely passed an independent RWC, or it didn't. To offer $1,000 compensation is effectively saying "yeh, I know it's dodgy but the RWC man accepted $100 to pass the door as roadworthy"

    • jacross on 01/06/2022 - 09:58
      +12

      I only have a law degree and am not a practicing solicitor but I don't think that passes muster.

      Only an admission of guilt is an admission of guilt (and a good solicitor can do their best to tear that down). The motivation for offering the $1000 can easily be explained as something other than 'I knew I was guilty of fraud'. They felt threatened. They felt it was the right thing to do etc. It feels quie easy to rebut.

      What are you basing your claim on? How would you counter what I just did? I think the car purchaser would need more than the seller offering $1000.

      At the end of the day the purchase is up the creek without a paddle. To go after OP they need to prove some conspiracy to defraud on their part. How would they do that? To go after the mechanic they need to prove they provided a fraudulent or maybe grossly negligent RWC. I haven't even looked up any relevant laws that probably protect mechanics but that's a hell of a hurdle to climb.

      Not even Judge Judy would put much stock in a 'oh but they offered $1000 therefore conspiracy' argument. And she runs a pretty loose ship divorced from actual legal principles.

      • Ronerrlaw on 02/06/2022 - 11:36

        Interesting analysis.

  • Muzeeb on 31/05/2022 - 19:20
    +5

    I guess we were due for one of these.

    What's it been? 2 weeks?

    • pharkurnell on 31/05/2022 - 19:43
      +1

      days… not weeks.

  • donga100 on 31/05/2022 - 19:47
    +31

    Withdraw that $1000 offer ASAP.

  • garetz on 31/05/2022 - 20:39
    +11

    What you need to do is withdraw that offer of $1000, and say it was not in any way an admission of guilt, you were under duress/distress and didn't think the offer through.

    Them making a report to the police will most likely do nothing, but if the police come and check on the validity of the document, just show the receipt.

    Then tell them to sue you, produce the proof of the rwc from the licensed mechanic in court when needed and you are free and clear. Not your problem.

    • Ronerrlaw on 02/06/2022 - 11:38

      Very practical advice, hope the seller sold as is. They shouldn't have to stump up $1000 without merit.

      • BartholemewH on 03/06/2022 - 02:55
        +1

        All used private vehicle sales are as is, you don't need to state it

  • lgacb08 on 31/05/2022 - 20:51

    I need the details of the mechanic doing that RWC, all my past purchases in vic RWC was no less than $800 for all the cars that looked spotless, one even failed for mouldy seatbelt, which only took 5 min of alcohol wipe. Latest one having to replace the whole windscreen.

  • loropy9 on 31/05/2022 - 21:40

    OP, your friend has some variables to consider in his current situation:
    Is the buyer 6 foot tall and full of muscles? Does he own a bike?

    It sounds like the buyer wasn't made aware of the door issue before the purchase. If your friend sold a dud to someone without telling them about a serious issue, they should wear it.

    • Quantumcat on 01/06/2022 - 07:38
      +3

      If your friend sold a dud to someone without telling them about a serious issue, they should wear it.

      No way, private transactions are buyer beware. Every single car that isn't brand new is going to have a whole list of things wrong with it, some things you know, some things you don't, most will be expected in a non brand new car. From things like scratches, to a chip in the windscreen wiper rubber, to steering that's a bit stiff, etc etc etc. It is up to the buyer to look at it, and get it checked out by a mechanic, and decide if they want it. If they don't bother looking at it properly it is in no way up to the seller to "wear" the buyer's mistake.

      • nigel deborah on 01/06/2022 - 12:05
        +1

        If the seller misrepresented the condition of the vehicle, i.e. was aware of a major fault and lied about it when asked, it could be considered fraud. The seller is definitely in the wrong in that scenario.

        That said, there's still nothing you can actually do about it. Just a risk that comes with buying second-hand.

        • Quantumcat on 01/06/2022 - 12:52
          +2

          I'm pretty sure that wouldn't count as fraud, in any case it is a he-said-she-said situation. If the seller is asked the question "is there anything wrong with it" there is nothing wrong with saying "no" assuming it starts and it drives, considering every car will have something wrong with it and whether you think each thing is a big deal is a matter of opinion. Also if sellers are not mechanics, they have no way to know if anything is a big deal or not. A slight noise when braking, or being sluggish going up hills, or needing to slam the door to get it to stay shut (or any other random issue) could just be because it is an old car, or it could mean there is something wrong with a major component. If the seller is not an expert how are they supposed to know?

          • nigel deborah on 01/06/2022 - 12:58

            @Quantumcat: As I said, mostly impossible to prove, unless there was objective evidence that the buyer somehow got access to. No law enforcement agency would ever pursue it.

            Either way though it 's the wrong thing to do, morally and legally. To your point, the buyer will always know if they lied to or misled a buyer versus being honestly unaware.

            There's a number of laws which are (unless you're ultra-rich) mostly impossible to enforce or seek compensation for. But if everyone started breaking them everyone would be worse off.

          • cheng2008 on 03/06/2022 - 00:35

            @Quantumcat: If they didn't know then why offer $1000 to fix it? Sounds like they did know and is trying to hide behind a claim of ignorance.

            • Quantumcat on 03/06/2022 - 06:46

              @cheng2008: I think they were just scared of someone coming to their house and threatening them. Same as being mugged.

    • banana365 on 01/06/2022 - 09:25
      +6

      Is the buyer 6 foot tall and full of muscles?

      Does he speak your language? If so, I know how to fix the problem…

  • slknv on 31/05/2022 - 22:08

    Tell "your friend" to grow a pair, and tell the buyer to F off. Police? "Sue" someone? Yeah right.

  • BeamMeUp on 31/05/2022 - 22:13
    +2

    Give them the phone number of the local cops and the number of the RWC provider and tell them to go for it. Or tell them to take the RWC issue up with the state roads authority if they recon the tester was dodgy. This is not your problem.
    But if your “friend” has done something dodgy here then they deserve some consequences.

  • yellowfever on 31/05/2022 - 22:25
    +4

    Tell your friend to harden up and not give in. the offer of $1000 is the most stupidest move.
    Really dumb of even offer anything.
    Tell the buyer to get farked.

  • pegaxs on 31/05/2022 - 23:08
    +2

    Police won’t give a shit, it’s a civil issue. Tell them that you will see them in court. Your friend owes them nothing.

    A RWC is to show the vehicle is road worthy, it is NOT a substitute for a mechanical inspection.

  • Cave Fire on 01/06/2022 - 00:47
    +4

    "friend" was too nice. Someone qualified has passed it for rwc. The door may have issues, but not anything for rwc. Gearbox and shifting is checked. At a stretch, this could even be a parts scam, especially if the car is anything rare or JDM. Seems strange that they would reject $1000, so would assume they have a plan to get more out of this. Send a do not contact message and call the cops if they trespass.

  • Hackney on 01/06/2022 - 05:55
    +2

    Tell the buyer to ‘eff’ off.He has absolutely no grounds to do anything.It looks to me like he is trying to intimidate the vendor.

  • Ridiculous Panda on 01/06/2022 - 06:26
    +9

    Waiting for the buyer to join ozbargain and post his side of the story. We are due for one of those.

  • Brick Tamland on 01/06/2022 - 07:37
    +2

    What is the door fault? Any kind of door fault should have been picked up in RWC. Gear box not so much as it may not have been evident or a RWC item

  • nswnotill on 01/06/2022 - 08:08
    +9

    When selling a used car, I normally give the buyer a receipt/paper statement stating as follows.
    I seller 'A' am selling vehicle 'B' (Rego No XXXX VIN YYYY to buyer "C' for the sum of $ZZZZ. I hereby certify that this vehicle is my property and free of all encumbrances (no money owing on it).
    it is sold with all faults (if any) with no warranty given or implied.
    Both parties sign the agreement and date the receipt. Keep a copy for your own records. Complete the transfer form on the back of the rego, certificate.I think there are standard forms like this on Internet.
    I

    • jellykingdom on 01/06/2022 - 08:46
      -2

      You do realise that kind of thing doesn't actually hold up in court, right? I've read up on those kind of napkin contracts and they're essentially a useless piece of paper, but they make people feel good and protected

      You could probably do it with a Statutory Declaration but you'd need it signed by a Justice of the Peace i imagine

      • sauxliu on 01/06/2022 - 09:31
        +2

        I think this is more for if the buyer takes the car but fail to transfer the rego in time and you start to get speeding tickets etc.

      • m34nstav on 01/06/2022 - 09:32
        +4

        I've had to use one of these documents to certify I no longer owned a car when the seller was pulled over after taking ownership of the car, as it was sold unregistered. I had to prove I was no longer the owner at a local police station as it was signed and photo ID provided to certify details.

        It's also used by VicRoads to legally certify the cost of the car for rego and stamp duty payment along with insurance for agreed value costs. They are a legal transaction between two people and legally covered as such. Otherwise you would need a justice of the peace for a purchase of everything, it's just not feasible.

        • jellykingdom on 01/06/2022 - 12:39

          I think the original comment was referring to a handwritten "contract", whereas you're talking about the official transfer document that you hand into the RMS/Vicroads. I'm saying that a piece of paper written and signed saying "I heretofore declare that…" doesn't actually mean diddly squat

    • m34nstav on 01/06/2022 - 08:47
      +3

      Best to just write "sold as is" to limit wording and liability. Saying "with all faults (if any)" could imply the car was knowingly sold with undisclosed faults.

      "The vehicle is now owned by X party as of Y time on Z date, and is sold as is". Never had a drama with this. That limits liability on your side in case they do something stupid with it the second they take ownership, ie. speeding fines, hit another car etc.

      Just try to remember in all legal documents, keep it simple and limit wording to avoid ambiguity. That way things cannot be misinterpreted.

  • kaleidoscope on 01/06/2022 - 08:22
    +1

    The minute they walked out with the car your friend is not liable for anything. If the buyer threaten with fake rwc, ask them to go chase the mechanic that issued it. Not your friend's problem. Do not offer any compensation and really hope your friend got a letter at the time of purchase that it has been sold as is and he shall not be liable for anything afterwards.

    it was the buyer bad luck which my friend was willing to assist with the $1000 offer.

    Sure, but your friend owes nothing to the buyer. Move on!

    Good luck!

    • gromit on 02/06/2022 - 17:26

      no need for any such letter. second hand private sales are all as is and you are not liable for anything post the sale. It is actually the other way around, if you want the seller to have some responsibility post the sale the buyer would need some proof that the seller agreed to that.

      • kaleidoscope on 02/06/2022 - 18:51

        The letter is more of a legal document to protect yourself from nuisance. If buyer use it to commit a crime or road offence you have letter stating date and time of transaction on top of other details with buyer’s signature etc. It works both ways but better to have it than not have it :-!

  • Powderhound303 on 01/06/2022 - 08:34
    +1

    Buyer beware. No one put a gun to their head to buy the car, you need to call their bluff and Tell them to call the police and piss off.

    Grow up and stand up for yourself. Some people are just assholes and complainers.

  • Easyteas85 on 01/06/2022 - 08:34
    +1

    You friend us safe don't worry he did everything correct.
    Door is no issue

  • Bid Sniper on 01/06/2022 - 08:36

    Sounds like a typical Gumtree transaction, just missing threat of ACA

  • holdenmg on 01/06/2022 - 08:56

    Hi,

    I presume this is in Victoria?

    https://www.vicroads.vic.gov.au/-/media/files/documents/safe…

  • Save Medicare on 01/06/2022 - 09:05
    +2

    The buyer sounds a bit unsavoury. Hopefully he's not involved in any of those infamous Melbourne bicycle gangs. Your friend should give the police a quick call if he starts seeing suspicious groups of guys clad in lycra around his house.

  • MXsoul on 01/06/2022 - 09:44
    +3

    OP: Just to sumarize what everyone have said above.

    1. Buyers be aware, it is job of buyer to check the car. Once the car is sold its sold.
    2. Unless seller is a registered car dealer. There is no law that he have to mention about car being written off.
    3. A seller can sell previously written off car without informing the buyer or he can lie as well. You have to check the PPSR yourself it only cost $2

    4. RWC check basic safety features no way gear box suspension etc gets cover in it.

    5. you can legally sell your car without RWC and Rego.

    6. If there are issue with RWC it has 30 days expiry, but it need to be taken to the mechanic, if he doesn't help complain to vicroads they are pretty strict about check n balance and dodgy RWC testers

    7. Buy now regret later doesn't work for cars😀 like most of the deals posted on OZB.

    8. If not done ask your friend to submit NOTICE OF DISPOSAL to Vic road that he have sold the car.

    Personally I wouldn't offer 10$ to fix the door or anything once it's sold

  • fullmetal on 01/06/2022 - 09:53
    +1

    Sounds like a scam job. The buyer trying to get a free car, can't get a free car settling for discount.

    • Brick Tamland on 01/06/2022 - 10:44
      +1

      It is surprising that the buyer wouldn't accept the $1,000 offer to fix the door. A generous offer but maybe stemmed from some guilt about hiding a substantial defect? But anyway its tough luck as second hand cars are rarely in perfect condition.

  • aussiekid on 01/06/2022 - 10:16
    +2

    Update: thanks everyone for chipping in your opinion. The buyer has calmed down and asked nicely for a share of the gearbox repair, no more threats to sue or report. My friend is considering it, but this time under no stress. It's now totally up to him.

    Tell your friend to block their number and ignore them, and if they come back to his house to report it straight to the police. This sounds like a scam, there was nothing wrong with the gearbox before when they sold it, so it's purely on the new owner, your friend has no idea how it's been driven in 2+ weeks.

  • afah0447 on 01/06/2022 - 10:46

    Unless the car you sold had a tyre iron in the back and the buyer comes back at you with it I wouldn't worry at all.

    You ain't a second-hand car dealer.

  • Maxxiz on 01/06/2022 - 10:51
    +2

    I wouldn't be contributing to the repair, buyer beware.

  • Cave Fire on 01/06/2022 - 11:00

    Ok… Is there proof of a gearbox issue? Refer the new buyer to the RWC mechanic. They will re-inspect and compare with the RWC logs. They sometimes fix issues they miss. If the buyer doesn't want to go to the RWC mechanic, you know something is suss.

  • redvaldez on 01/06/2022 - 11:01

    Just to add to the replies already made, the police will do nothing if this is reported to them. If a mechanic was issuing dodgy roadworthy certificates and the buyer wants to report it, then it's a matter for your state's transport department to investigate. If the buyer wants to sue your mate and/or the roadworthy mechanic for their alleged loss, then it will be a civil claim in court. The only time that police might take an interest is if your mate took the buyer's money and did a runner.

  • Hangryuman on 01/06/2022 - 11:06
    +2

    private used sales are presumed to be 'as is' - with no warranty - you bought it, you caught it

    no obligation to help fix problems discovered later the buyer failed to check (due diligence) before buying

    I once sold my car I had since new for about 10 years - for a cheap price to a friend of friend (a cute girl I'd never met before) - just before going overseas for 18 months

    I came back 18 months later and was told by a friend that the girl had got in the car to drive from Brisbane to Sydney - halfway there a red light came on the instrument panel - she didn't know what it meant so kept driving - turned out a coolant hose from the radiator had cracked, leaked all the water out - and because she didn't stop - blew up the engine

    she apparently was angry with me that I hadn't told her that could happen

    so I was kinda glad I heard about that only way later.

    So I didn't have to tell her to her face - STFU and GTFO

    • deek on 01/06/2022 - 11:29
      +2

      I once had a similar issue. Hole in radiator unknowingly caused coolant to leak out. Thankfully I actually pay attention to the dashboard. Pulled over immediately when I noticed the temperature starting to get unusually high. Was able to top up my coolant with tap water (thanks, person who had a tap available in their front yard), drove home with a sane temperature, and then booked a radiator replacement with my local mechanic the next day. Car now gone, some years ago, but engine was still running beautifully right to the end.

      If you ignore red lights on your dashboard, then you only have yourself to blame for the consequence.

  • trapper on 01/06/2022 - 11:16
    +2

    Your friend is a very nice guy to offer $1000 towards the repairs of the car already sold, as he was under absolutely no obligation to do so at all.

    But that offer should absolutely be withdrawn now.

    Do not give one cent to someone who threatens to call the police or sue you, screw that guy honestly, tell him to shove it.

  • d39833 on 01/06/2022 - 11:56
    +2

    Is this a scam. I saw a similar post were the guy sold a car with a RWC and the buyer came back with a gearbox problem. It was on a FB group.

  • JuryWheel on 01/06/2022 - 11:56
    +1

    Your friend is nuts! You buy it, its yours! Hasta lasagne, dont get any on ya

  • RolandWaites on 01/06/2022 - 12:15
    +5

    If it happened a few minutes after he drove out the driveway then maybe I'd be sympathetic. But who knows what happened in those two weeks. What's to say the buyer didn't trash the gearbox?

  • Euphemistic on 01/06/2022 - 12:17
    +2

    Potential scam. Knew about the door, bought the car to switch the transmission from his other failing car then try to get money back and a free gearbox.

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