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

  • knasty on 01/06/2022 - 13:11
    +2

    A lot of people seem to equate RWC with a pre purchase mechanical inspection. They are wrong.

  • Series4Episode10 on 01/06/2022 - 13:40

    Had a guy in Melbourne buy a surround Sound System off me about 13yrs ago, freighted the thing to him, he gets it says it was sposed to go to an address in W.A. and wanted me to pay for it to go there, tried to get Paypal to refund the purchase, luckily I had moved most of my money out as paypal attempted to refund his money by grabbing it from my bank account, next thing I have calls from the police, from several different branches in Melbourne, he was trying to intimidate me, I told them I was the one being defrauded, every officer agreed with me and admitted there was no recourse for him, just ride it out, idiots like him exist.

  • DiscoJango on 01/06/2022 - 14:01

    its up to the buyer to do a full mechanical inspection

    as others have said, a road worthy cert if completely different

  • UFO on 01/06/2022 - 14:32
    +4

    Reply to your update:

    Your friend is considering a contribution to the gearbox repair?!?!?
    Is he mad?

    Tell your friend to stop communicating with the buyer. Completely.

    "On further advice I have received, I don't believe it is my responsibility to contribute to repairs to the vehicle. Please do not contact me further, and do not attend my residence. If you do, I will consider it harassment and report your behaviour to police. Good bye."

    • 91rs on 01/06/2022 - 15:10
      +1

      Exactly, its insane. Its a used car, you inspect it and if you're happy with it then the risk is on the new owner for anything that happens, especially after 2 weeks of whatever the new driver has done with the car.
      Stop any contact, do not enter in to any agreements for reimbursement or compensation.

  • Hackney on 01/06/2022 - 15:04
    +2

    @tickettomars.Do NOT contribute to the gearbox repairs, that is his problem & his problem alone.It was up to him entirely to have a mechanical inspection carried out.The onus is entirely on him, & not the vender.(fact).

  • Herbse on 01/06/2022 - 15:07

    After acting then way they did I would cancel the offer of payment for the gearbox. What a dick.
    They're entitled to nothing when buying privately.

  • whitepuma on 01/06/2022 - 15:27
    +2

    2 weeks later….sorry but buyer beware, if you want that sort of coverage then don't buy privately.

    Also, If the buyer has a problem with the RWC, then the buyer should be taking this up with the company that gave it the RWC, not the seller….If after taking it to the company that gave it RWC.

    Also, tell your friend not do give him any payment, assuming your friend was transparent with the problems it had, your friend should pay anything….as far as the problems that occurred after the point of sale, their not your friends problems.

    As far as this buyer showing up at your friends house….i'd recommend your friend to try and cut ties with the buyer, tell the buyer to stay away. If the buyer persists, then contact your local authorities.

  • lethological on 01/06/2022 - 16:25
    +3

    'your friend' owes nothing.

    Get your friend to buy you a meal instead. Afterwards they need to tell the buyer that while a consideration of money was made, it was done out of fear - instead the funds have been spent seeking some advice from a professional (ozbargainer).

    Make sure its a nice meal!

  • uNoWhO on 01/06/2022 - 16:42
    +2

    your friend shouldnt offer or help pay for anything, its not his car, not his responsibility and helping might land him into issues "if you honestly believed there was no problems when you sold the car, why did you pay to repair issues weeks/months later" the buyer will come back for more "repairs"

    the ONLY contact he should have with them moving forward is "the car was sold as is, with a valid roadworthy cert, any repairs or issues are your responsibility"

  • Sterio on 01/06/2022 - 17:05
    +3

    Unfortunately your mate has taken the scammers bait.

    Next step by the scammer is how much can I milk from the seller.

    I would say that this will take the form of a doctored invoice from a partner in crime with a fake ABN requesting he pay x%.

    As advised by many in the post, ignore, disengage, block number.

    If anything untoward happens your friend should have his name, license number and address, which would have been required to sign over the rego papers.

    Tell your friend to chill out and enjoy his new car.

  • brad1-8tsi on 01/06/2022 - 17:41
    +3

    If the buyer wants a warranty they should buy from a car dealer.

    Your friend can walk away with clear conscience. DO NOT GIVE THE BUYER ANY COMPENSATION.

  • Cave Fire on 01/06/2022 - 18:34

    Here's the other thread where something similar happened: https://www.ozbargain.com.au/node/603261 says to look on their profile etc to see if they have a similar car already.

  • [Deactivated] on 01/06/2022 - 18:40
    -4

    Why are so many people siding with the seller, when he admits there was a problem with the door?

    Seller knew there was an issue, his dodgy and probably got his friend to sign off the rwc.

    • Commander Shepard on 02/06/2022 - 00:37

      Does the door close? If it does. It should pass a RWC. Even if it door doesn't have the ability to lock. It would still probably pass so long as it doesn't fall off.

  • CRS34 on 01/06/2022 - 21:28

    Good luck to the buyer. your friend doesnt owe him anything

  • serpserpserp on 01/06/2022 - 22:30
    +7

    TLDR - Buyer bought car, did sick burnouts for 2 weeks and wondered why the gearbox is cactus. Wanted money back but lol.

    • borrisz0r on 03/06/2022 - 10:44
      +2

      You joke, but I've seen something similar.

      A mate who has only ever driven autos purchased a manual car. We all told him that was a dumb idea as he can't drive manual, but he pushed on as young males tend to do.

      Fast forward 3 weeks and the clutch is 'stuffed' and must've been sold like that. He stars demanding compensation for the 'deception'.

      Some people are always the victim, it couldn't possibly be them….

  • mrhanky71 on 02/06/2022 - 05:52

    Should have just said there was nothing wrong with the car 2 weeks ago.

  • newjerseydamo on 02/06/2022 - 08:32

    Block number and move on with life.

  • AMLagonda on 02/06/2022 - 11:54

    Clearly a scam….

    tell the buy to F off.

  • drewbles on 02/06/2022 - 12:15

    I had a very similar situation. Sold a car with legitimate RWC in VIC. Certificate said that brakes were legal, but were low. No hiding, plain as day. 2-3 months after the sale, the seller started sending borderline abusive SMS that I was being fraudulent and had not disclosed the brakes. I clearly pointed out the RWC and that brakes are consumable and they couldn’t expect a 5 1/2yo car to not eventually need new pads. Fortunately I have a number I only put in to a phone when selling things so I ripped the SIM out and ignored them, but end of the day, there are always going to be idiots trying to rip you off or just think they have the right to a factory fresh level used car.

  • pogichinoy on 02/06/2022 - 12:36
    +2

    Caveat emptor.

  • gromit on 02/06/2022 - 15:29
    +1

    Why is friend worried? unless the RWC really was a fake the buyer has absolutely no comeback on him and the seller has done nothing wrong. If the RWC was executed badly then the buyer potentially could have some beef with the mechanic that did it, but not the seller. He should not have even offered the $1000 for the door, the most I would be providing is "here is the receipt for the RWC, if you have an issue with the RWC go talk to them"

  • Yawhae on 02/06/2022 - 16:14

    I just had a work colleague sell their car and the guy who did the roadworthy didn't even turn up. Just sent though a electronic roadworthy that said everything passed with some made up brake testing numbers.

    There are definitely dodgey operators out there and I'd recommend anyone who is buying a car of significant value to order their own mechanic to inspect the vehicle.

  • Caped Baldy on 02/06/2022 - 17:35

    Sounds like a scam. Police won't do jack shit even if there was a crime. This is a civil matter.

    Was the buyer dodgy?

    It's on them to check the car.

  • sauce2k on 02/06/2022 - 18:03

    I don't even understand why your friend is stressed? The cert is real and the buyer must be a complete toolbox for threatening him. Should sue him for threatening him.

    Edit: Just read your update, your friend offered to pay to repair. Come on lol that's just dumb

  • striker5950 on 02/06/2022 - 18:25
    +1

    your friend is too nice and a bit dumb for even offering to pay 1k lol, this happened to me once before, he came to me a week later saying he wants a refund coz the engine is not in full working order ( he done a full inspection before buying), told him too bad, he said ill sue, told him ok do it and go f yourself. never heard from him again. reality is he is trying to scare you into a refund with the use of a lawsuit but the law is not even on his side, its a private sale, for argument sake even if something was wrong with the car and you didn't tell him, its his job to find out. legally he cant do shit as its a private sale.. its his job to professionally inspect it before purchase.

  • [Deactivated] on 02/06/2022 - 19:07

    Right… A "friend"

  • Therealjohndoe on 03/06/2022 - 01:15

    Glad it got sorted. In WA heard a lawyer talking on abc Perth that's its actually an offence to threaten to go to the cops, so buyers overstepped the line, so your friend has that at least if the same applies.

  • solidussnake on 03/06/2022 - 06:18

    It worries me that there's people like your "friend" out there in the world living, most people would laugh and block the number your "friend" is willing to go halves two weeks after it's gone….

  • Overclocked91 on 05/06/2022 - 07:23

    Tell them to take "your friend" to court. Assuming your RWC is legit. Do not offer them money to repair. Make sure all communication is in writing also.

  • [Deactivated] on 07/06/2022 - 09:10

    OP, that's the critical thing about buying privately, the buyer is not covered in anyway after the transaction, so your friend should not be worried unless threatened with physical assault.
    I bought my car recently from a private seller too, didn't rain for 2 months, but after a week's heavy downpour, got about 2 litres of water on the passenger side floor, didn't know there was a huge gap in the rubber sealing of the door. I rang the seller, he admitted it was leaking but didn't tell me, but he suggested some possible solutions he did that worked before, and that's that, can't chase him for anything, it was my fault and the risk I took buying privately.

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