Hi there. Buying a car privately is inherently risky because it relies on the buyer using their knowledge and judgment. If you buy a car from a licensed car dealership, there are national and state-based laws that protect buyers from defective vehicles. These warranties ensure the vehicle is of acceptable quality and that the dealer pays for any repairs required immediately after sale.

However, these same protections do not apply to vehicles purchases privately. The law only requires the seller to be the true owner of the vehicle (i.e. the seller cannot sell a stolen car), but it does not give the buyer any warranties under which they can claim the cost of repairs. This is why you should always obtain an independent inspection of a privately advertised vehicle before buying it.

Despite the above, you may have some recourse under Australian contract law. There are general principles of law that say a seller cannot make false statements to a buyer for the purpose of inducing the buyer into making a purchase. If the seller makes false statements, the buyer may be able to get out of the contract and/or claim compensation from the seller for the value of any loss suffered (e.g. cost of repairs). This legal option may be available to you, depending on the nature of the negotiations between you and the seller, and whether you have any evidence to support your side of the story.

Suggested way forward

While there may not be any consumer warranties available in your situation, you should consider speaking to a lawyer who can assess your situation and advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.