Jump to content
SAU Community

Recommended Posts

  • Replies 42
  • Created
  • Last Reply

Top Posters In This Topic

its a 25 year old car, what does this jerk expect?? next time he calls tell him to pull his f**kin head in, and go to a mechanic. i know i would feel guilty in this situation, like you have done something wrong, but you haven't so sit tight mate. i bought a swift gti many moons ago and the gear box f**ked out on me after about 6 weeks, i emailed the guy that sold it to me, and although he was sorry for my situation, he didnt have to/wasnt going to do anything about it. i had to cop it sweet and get it fixed. its just life. everyone knows that cars are very expensive things to own.

i sold my VL commodore about a month ago to a fellow in bendigo (i live in berwick) and a month later (today) he contacts me saying that the car isnt working, dosent even start, he drove it home and its sitting in his yard ever since. is this guy for real? the car was in perfect condition apart from some cosmetic stuff, and my father used it to get to work days before the buyer picked it up.

what are my rights here? this scumbag is threatening to call the authorities to come down with the car with him to get a refund.

i was going to suggest giving him my mechanics number who did the rwc on it only 2 months before i sold it, but would this be putting my mechanics license in jeopardy?

i know for certain there was nothing wrong with the car when it left my house, i even watched him drive off with no issues, now hes freakin me out with all this legal talk.

any suggestions?

give him a refund the same as they do at Kmart and

let him call the authorities then

call the police and tell them he is harassing you and tell him that as well

Well it also can become a 3rd parties problem.

Brother in law manages ultra tune here,A client bought a prado second hand with a road worthy from a priv party with a roadworth,Basicly the brakes started to sqeek and it was leaking oil out of the motor.The front pads were rooted and it had a number of oil leaks.(1 week after purchase)

The manager of ultra tune told him to take the car back to the place of roadworthy and have them fix it as they passed a car that was not roadworthy,If they don t fix the car then report them to the rta for dodgy roadworthy,Basicaly they have to fix the car at there own cost.

You always have to feel for people tho who buy second hand cars,If you knew something was not right with the car and disclosed it from the start then too bad for him,But if you bodgy the car up and sell it knowing something was wrong with the car thats another matter.....

Can i ask what was the figure he paided for the vl? i mean really its a vl non turbo car? even in fair condition they are not worth that much unless in mint conditon with very low ks.... most vls are running around with 250 tho plus ks on the clock....Tell him to get the car checked out and let you know whats wrong with it and what it costs to fix,You don t have to pay for any thing but atleast you know whats wrong with it,Could be nothing....

Well it also can become a 3rd parties problem.

Brother in law manages ultra tune here,A client bought a prado second hand with a road worthy from a priv party with a roadworth,Basicly the brakes started to sqeek and it was leaking oil out of the motor.The front pads were rooted and it had a number of oil leaks.(1 week after purchase)

The manager of ultra tune told him to take the car back to the place of roadworthy and have them fix it as they passed a car that was not roadworthy,If they don t fix the car then report them to the rta for dodgy roadworthy,Basicaly they have to fix the car at there own cost.

You always have to feel for people tho who buy second hand cars,If you knew something was not right with the car and disclosed it from the start then too bad for him,But if you bodgy the car up and sell it knowing something was wrong with the car thats another matter.....

Can i ask what was the figure he paided for the vl? i mean really its a vl non turbo car? even in fair condition they are not worth that much unless in mint conditon with very low ks.... most vls are running around with 250 tho plus ks on the clock....Tell him to get the car checked out and let you know whats wrong with it and what it costs to fix,You don t have to pay for any thing but atleast you know whats wrong with it,Could be nothing....

well technically that isn't right. rwcs last 2 or 3 months, so what's to say that any of that stuff didn't start after the rwc was done if there was a long period of time from rwc to sale? bit hard to say that the mechanic passed a dodgy car. it's like buying a skyline with lots of illegal mods that had a rwc done and it passed. plenty of people have put stock parts back on their cars to get rwc's done and then swapped them back to the illegal parts straight afterwards. doesn't mean you can blame the workshop if you get booked for the mods.

As chopper said after he stabbed/shot someone "Ohhh whinge f*ckin whinge"

technically, couldnt you sell your own grandmother a car with cardboard cylinders, elastic band piston rings, and be scott free after she's submitted the transfer papers?

step 1 buy a kujo style rotweiler

step 2 tell him to come round

step 3 let dog off

step 4 record what happens and laugh

nah all jokes aside he doesnt have a leg to stand on and if he trys it will cost him more than the car is worth

sounds to me like after thrashing the f**k outta it he changed his mind .

perhaps offer him a tall glass of cement and politley tell him to HTFU

As chopper said after he stabbed/shot someone "Ohhh whinge f*ckin whinge"

technically, couldnt you sell your own grandmother a car with cardboard cylinders, elastic band piston rings, and be scott free after she's submitted the transfer papers?

nah.. with all contracts there must be sufficient consideration. the amount paid must reflect what they are paying for and vise versa. if there is no consideration there is no contract.

nah.. with all contracts there must be sufficient consideration. the amount paid must reflect what they are paying for and vise versa. if there is no consideration there is no contract.

He's been given a car for his money. That is enough consideration to make it a binding contract.

Even promising $1 for an action is sufficient consideration to make it a contract

And being a private sale, there is no requirement for the goods to be fit for purpose (sect 7 of TPA). If it were a business sale, then that would be a different story, and the 3 month statutory warranty would apply.

i dont think it would be "considerable" for someone to pay $10,000 for a car worth $1. nor is it considerable for someone to pay $1 for a $10,000 car...

i understand what you're saying and you're right - as long as there is presence of consideration then there is a contract.. but if it ever went to court and an agreement couldnt be reached, i'd say the final decision would come down to how much consideration each party got and whether or not it was fair.

you cant just think of it as black and white because magistrates rarely do.

i dont think it would be "considerable" for someone to pay $10,000 for a car worth $1. nor is it considerable for someone to pay $1 for a $10,000 car...

i understand what you're saying and you're right - as long as there is presence of consideration then there is a contract.. but if it ever went to court and an agreement couldnt be reached, i'd say the final decision would come down to how much consideration each party got and whether or not it was fair.

you cant just think of it as black and white because magistrates rarely do.

warps is dead right.

Fair doesn't enter into it neither does the quantity of consideration.

Think about it . Value is in the eye of the beholder. Ones mans junk is another mans treasure. The courts arbitrate on law not on value of items ( with some exceptions), Go down this path and you may as well dance through a minefield,

blind folded, holding a grenade between your cheeks.

your point is logical but courts dont do this

i'd say the final decision would come down to how much consideration each party got and whether or not it was fair.

Qid pro quo ......something for something Contract law 101

unless the item that was being bought wasnt what they thought they were buying, i.e. a dud car (which is what we're talking about here).

im not saying it IS a dud car, but if it were then it all changes.

say he bought the car for $10,000. normally its worth $5,000. but the car starts falling apart gradually after the sale is completed. the motor shows sign of ware, rust spots start showing up through the paint, glue starts melting off interior parts.. do you think the consideration clause would still stand?

logic IS what the courts do. its what people dont do.

unless the item that was being bought wasnt what they thought they were buying, i.e. a dud car (which is what we're talking about here).

im not saying it IS a dud car, but if it were then it all changes.

say he bought the car for $10,000. normally its worth $5,000. but the car starts falling apart gradually after the sale is completed. the motor shows sign of ware, rust spots start showing up through the paint, glue starts melting off interior parts.. do you think the consideration clause would still stand?

logic IS what the courts do. its what people dont do.

Caveat Emptor runs through contract law . it mean let the buyer beware.

You are mixing fraud with consideration.

I am not addressing fraud , only your point on consideration. However the thread does not in my view concern itself about fraud ,

given what we have been told.

its about legal fact not what you personally think, which could be misleading others.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now



  • Similar Content

  • Latest Posts

    • Place the new daughterboard in the case and mount it using the 3 small black rivets provided, and reconnect the 3 factory ribbon cables to the new board Then, use the 3 piggyback cables from the daughterboard into the factory board on top (there are stand offs in the case to keep them apart. and remember to reconnect the antenna and rear cover fan wires. 1 screw to hold the motherboard in place. Before closing the case, make a hole in the sticker covering a hole in the case and run the cable for the android unit into the plug there. The video forgot this step, so did I, so will you probably. Then redo the 4 screws on back, 2 each top and bottom, 3 each side and put the 2 brackets back on.....all ready to go and not that tricky really.      
    • Onto the android unit. You need to remove the top screen because there is a daughterboard to put inside the case. Each side vent pops out from clips; start at the bottom and carefully remove upwards (use a trim remover tool to avoid breaking anything). Then the lower screen and controls come out, 4 screws, a couple of clips (including 3 flimsy ones at the top) and 3 plugs on the rear. Then the upper screen, 4 screws and a bunch of plugs and she is out. From there, remove the mounting brackets (2 screws each), 4 screws on the rear, 2 screws top and bottom and 3 screws holding in the small plates on each side. When you remove the back cover (tight fit), watch out for the power cable for the fan, I removed it so I could put the back aside. The mainboard is held in by 1 screw in the middle, 1 aerial at the top and 3 ribbon cables. If you've ever done any laptop stuff the ribbon cables are OK to work with, just pop up the retainer and they slide out. If you are not familiar just grab a 12 year old from an iphone factory, they will know how it works The case should now look like this:
    • Switching the console was tricky. First there were 6 screws to remove, and also the little adapter loom and its screws had to come out. Also don't forget to remove the 2 screws holding the central locking receiver. Then there are 4 clips on either side....these were very tight in this case and needed careful persuading with a long flat screw driver....some force required but not enough to break them...this was probably the fiddliest part of the whole job. In my case I needed both the wiring loom and the central locking receiver module to swap across to the new one. That was it for the console, so "assembly is the reverse of disassembly"
    • But first....while I was there, I also swapped across the centre console box for the other style where the AV inputs don't intrude into the (very limited !) space.  Part# was 96926-4GA0A, 284H3-4GA0B, 284H3-4GA0A. (I've already swapped the top 12v socket for a USB bulkhead in this pic, it fit the hole without modification:) Comparison of the 2: Basically to do the console you need to remove the DS and PS side console trim (they slide up and back, held in by clips only) Then remove the back half of the console top trim with the cupholders, pops up, all clips again but be careful at the front as it is pretty flimsy. Then slide the shifter boot down, remove the spring clip, loose it forever somewhere in the car the pull the shift knob off. Remove the tiny plastic piece on DS near "P" and use something thin and long (most screwdrivers won't fit) to push down the interlock and put the shifter down in D for space. There is one screw at the front, then the shifter surround and ashtray lift up. There are 3 or 4 plugs underneath and it is off. Next is the rear cover of the centre console; you need to open the console lid, pop off the trim covering the lid hinge and undo the 2rd screw from the driver's side (the rest all need to come out later so you can do them all now and remove the lid) Then the rear cover unclips (6 clips), start at the top with a trim tool pulling backwards. Once it is off there are 2 screws facing rearwards to remove (need a short phillips for these) and you are done with the rear of the console. There are 4 plugs at the A/V box to unclip Then there are 2 screws at the front of the console, and 2 clips (pull up and back) and the console will come out.
    • So, a bit of a side trip, but one that might be interesting for people with JDM cars and japanese head units. I know @Pac previously posted about a carplay/android auto adapter he installed which used the AUX input, and @V35_Paul put in one of the Tesla style units that replace both screens. The option I went with was a Lsait LLT-YF-VER5.87_2 (https://www.alibaba.com/product-detail/Lsailt-8GB-Android-Multimedia-Interface-for_1601187633672.html). Price was $1,150 for a single unit although they are much cheaper if you are willing to buy 2....$857ea. Make you you get the version 2 not version 1, it is faster and has a better UI - this is the manufacturer listing: http://www.lsailt.com/product/348.html. BTW if you've never bought from Alibaba before, don't be concerned....these guys can't stay in business unless they are responsive, ship fast etc, they were excellent (probably faster shipping than most local places) So, this was my task for a lazy Sat afternoon....looks complex but was all done in a few hours (it probably helps that I had some of it apart before so it was a bit familiar). I also decided to add a HD USB drive recorded at the same time and the unit also supports an aftermarket reverse cam (if you don't want to retain factory) and also AV in and HDMI out It looks much worse than it is, in fact in was genuinely all plug and play (no custom wiring at all). This video was pretty good (skipped a few steps), unfortunately they are an Aussie seller but no longer sell this unit (I guess Carplay/AA adapters are easier to install and much cheaper) https://www.youtube.com/watch?v=T5hJfYOB8Dg
×
×
  • Create New...