Hi there. It sounds like you are in a difficult position. Your purchase of the vehicle was pursuant to a legal contract that was formed between you and the seller. A contract does not need to be in writing – it can simply be an oral agreement between two parties about a particular transaction. Your legal rights will depend on the terms of that contract.

From the information provided, it appears that the seller has failed to hold up their end of the bargain by providing you with a defective vehicle. This is likely to be a fundamental breach of the contract, entitling you to bring a legal claim for compensation or ‘damages’. You may also be able to make a legal claim against the seller for ‘misrepresentation’, which means the seller made false statements to you during negotiations about the status or history of the vehicle. These legal claims would need to be made in the NSW Local Court, which decides small civil disputes such as yours.

You should note that, although you may theoretically have a legal claim against the seller, enforcing your rights may be practically difficult or costly. Before pursuing court proceedings, you may want to send a letter to the seller setting out the basis of your legal claim and formally requesting payment for repairs or a total refund on the sale. This is called a ‘letter of demand’ and is best prepared by a lawyer.