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Seller missinformation about cambelt


RepublicRevolt
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Hi Guys

I just bought a 2006 legacy GT Wagon through a classified listing. for 6500 The seller said to me through text that the cambelt was done 2.5 years ago at around 110,000km by the dealer (economy cars) they purchased the car off. I took their word (stupid i know but they seemed honest), however i found a sticker stating the belt was done in 2011 at 105,000km. Car is now at 144,000km and subarus timing belt change interval recommendation is 105 months.... so needs to be replaced nowish

 

I have tried to either get the car back to them, have them pay for the belt or even offered to sell on their behalf. However they wont budge saying they just told me what the dealer told them and they have done nothing wrong and that i bought the car 'as is where is' i didn't sign anything stating this or even agree to it verbally. they have now said they are 'busy people' and 'stop harassing us'

 

consumer protection NZ pretty much said i would have to take them to court since they are not a business and i wont have many rights and hope the judge rules in my favour.

 

has anyone had a similar experience or have any recommendations as to what i can do?

Edited by RepublicRevolt
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Doesn’t mean they own it.Unfortunatly when you purchase privately,if you have any concerns regarding the sale list it in the receipt of sale and make sure it is dated and signed by the seller.In court it will be your word against there’s.

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45 minutes ago, RepublicRevolt said:

However they wont budge saying they just told me what the dealer told them and they have done nothing wrong and that i bought the car 'as is where is' i didn't sign anything stating this or even agree to it verbally.

As you just said they're just going off the dealership told them, so they haven't intentionally lied to you about it. 

Also bought 'as is where is' and you haven't signed anything.

 

Not much of a case unfortunately, just knowledge for the next time.

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Nothing you can do - best option is to suck it up and just pay for it yourself.

 

You'd have next to no chance of success through the small claims court. Even if you did, it's almost impossible to make them pay. I also doubt any judge would award you a full refund given the cost to remedy is relatively minor, by the time you tried to enforce the debt through a third party agency, you'd only be slightly better off than you are now... that would all rely on actually getting a favourable judgement.

 

One of the risks of a private sale/purchase.

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Gutted for ya but yeah perils of 'private sale'

 

they may actually have 'plausible deniability' as their case, some cant lie about what they dont know OR if that's the information they were given

 

sad to say learning the hard way like many of us on the forums & Welcome to ClubSUB!

 

Joker

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What the F*** is everyone here talking about.

 

The seller made a representation about the vehicle. It was untrue. Even if the seller made that representation in good faith, it was still untrue, and you relied upon it when you purchased the vehicle.

 

If you have written proof that they claimed the cambelt had been done, take them to the disputes tribunal for the value of having the cambelt done. Not court, just dispute tribunal. No lawyers, just you and them and probably some grotty old justice of the peace. They will probably pay you just to make you go away.

 

If you don't have written proof then you're probably kinda boned.

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6 minutes ago, boon said:

What the F*** is everyone here talking about.

 

The seller made a representation about the vehicle. It was untrue. Even if the seller made that representation in good faith, it was still untrue, and you relied upon it when you purchased the vehicle.

 

If you have written proof that they claimed the cambelt had been done, take them to the disputes tribunal for the value of having the cambelt done. Not court, just dispute tribunal. No lawyers, just you and them and probably some grotty old justice of the peace. They will probably pay you just to make you go away.

 

If you don't have written proof then you're probably kinda boned.

I have text messages of them telling me the belt has been done so I do have proof right there. Yeah I was looking at a law that stated its misrepresentation whether deliberate or innocently done.

 

Have you seen something like this before? 

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it’s pretty S*** if they did it knowingly. 

 

Like @pedro said the belt maybe mint. Belts don’t degrade as fast as they used to and depends on how much heat they are subjected to etc so check this first and get a written quote with details about its condition.

 

If you want to go ahead this is all I can think of but I’m not a lawyer and have no idea. 

 

Think you can only seek $500 without proper court hearing so check that I have been there for a loooong time.

 

even still it’s 3rd hand information. 

You may have text message from them but they are going on information that the dealer gave them and they are likely off the previous owner. 

 

Ive only been involved in collecting evidence for big cases where text messages were involved and we had to get the phone company to produce the logs. 

I suspect on smaller cases the “judge” will just ask the other party if they are true. 

 

The seller may genuinely thought the belt was that old. How long have they owned the car etc could to be looked at. 

There is a good faith component. 

 

You should seek a portion from the seller and try to settle it outside the legal system 

 

ps. Still not a lawyer and I know nothing 

 

pps. Good luck either way hope you get good news on the belt condition or some money.

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1 hour ago, Gripless said:

it’s pretty S*** if they did it knowingly. 

 

Like @pedro said the belt maybe mint. Belts don’t degrade as fast as they used to and depends on how much heat they are subjected to etc so check this first and get a written quote with details about its condition.

 

If you want to go ahead this is all I can think of but I’m not a lawyer and have no idea. 

 

Think you can only seek $500 without proper court hearing so check that I have been there for a loooong time.

 

even still it’s 3rd hand information. 

You may have text message from them but they are going on information that the dealer gave them and they are likely off the previous owner. 

 

Ive only been involved in collecting evidence for big cases where text messages were involved and we had to get the phone company to produce the logs. 

I suspect on smaller cases the “judge” will just ask the other party if they are true. 

 

The seller may genuinely thought the belt was that old. How long have they owned the car etc could to be looked at. 

There is a good faith component. 

 

You should seek a portion from the seller and try to settle it outside the legal system 

 

ps. Still not a lawyer and I know nothing 

 

pps. Good luck either way hope you get good news on the belt condition or some money.

Thanks

I will give them benefit of the doubt and believe they didn't know. They bought the car as a fresh import from economy cars (have reciept) in 2016, when i talked to economy cars they said that they themselves really only go off the milage on the belt and not its age so they wouldnt have bothered replacing the belt since it only had 4000km on it at the time of sale. So i imagine they were told it was a new belt. However does seem a little too convenient that just as belt needs replacing they decide to sell it.

 

A family friend is a mechanic and does work for us so might get him to have a look at it tomorrow night or something.

 

thanks for the help! i appreciate the input as stressing over what to do

1 hour ago, BattleSnayke said:

Just be glad you didnt get an RX8. 

hahaha yeah but oh my god i love the sound of them, the handling and the looks, could almost live with their fuel and unreliability. But subies are much better all around. I still dream of a rotary though haha

2 hours ago, pedro said:

But the belt has been replaced..Its only done 30ks..

Get someone to have a look at its condition..I bet it is in good nick.

 

I have heard some horror stories of belts being checked and seeming fine and then snapping. But i will get it checked anyway

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25 minutes ago, BattleSnayke said:

The renesis 13b in an RX8 is absolute trash. I assume you like the pulse of a rotary? You're not gonna get that from an RX8 (they sound like a fart box with an exhaust).

 

If you want a rotary, save your money and get an RX7 etc. 

i actually can't stand the brapping of a rotary i just like the sound as it climbs through the rpm. I'm kinda stupid i actually like the sound of an RX8 more, but i agree rx7's are much better.

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Just my 2 cents on an RX8...

 

If you're gonna get one, get a series 2 (2008-2012 IIRC), as the engine has heaps of minor small improvements over the series 1, that makes it heaps better (for example 3 oil squirters for the housing, vs 2 in the series 1). Although, if you can find a rebuilt series 1 RX8, with the series 2 motor improvements, it'll be worth it.

They're not a bad car at all, if you maintain and drive them properly. Can't avoid bad fuel economy unfortunately, that's just the downside of a Rotary.

They're a great little chassis! Tons of fun! CarThrottle recently did a series on one, and Alex (the main presenter) absolutely loved it! Despite the extra work needed to maintain and run a Rotary. My Dad has a series 2 RX8 (Spirit R mind you), and it's load of fun! I love the sound of revving it out to 9000rpm.

Although, if you're looking for a car to make more powerful, the RX7 with the 13B-REW is a far better choice, because of the peripheral exhaust ports (vs side port exhaust on the RX8). RX8's are great with suspension mods etc, where as RX7's you can make more power on them with a turbo.

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6 hours ago, Individualities said:

Just my 2 cents on an RX8...

 

If you're gonna get one, get a series 2 (2008-2012 IIRC), as the engine has heaps of minor small improvements over the series 1, that makes it heaps better (for example 3 oil squirters for the housing, vs 2 in the series 1). Although, if you can find a rebuilt series 1 RX8, with the series 2 motor improvements, it'll be worth it.

They're not a bad car at all, if you maintain and drive them properly. Can't avoid bad fuel economy unfortunately, that's just the downside of a Rotary.

They're a great little chassis! Tons of fun! CarThrottle recently did a series on one, and Alex (the main presenter) absolutely loved it! Despite the extra work needed to maintain and run a Rotary. My Dad has a series 2 RX8 (Spirit R mind you), and it's load of fun! I love the sound of revving it out to 9000rpm.

Although, if you're looking for a car to make more powerful, the RX7 with the 13B-REW is a far better choice, because of the peripheral exhaust ports (vs side port exhaust on the RX8). RX8's are great with suspension mods etc, where as RX7's you can make more power on them with a turbo.

yeah i'm aware of how much better the Series  2 is over the series one but if i had the money for a series 2 rx8 i would buy an rx7 straight away. Would only get an rx8 because the series 1 is quite cheap. Can't believe there are rotary loves on here hahaha

 

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Back on topic, now im really not sure what to do. Have some people saying i should go to the tribunal and others not.

 

what i want to know is i paid 6500 for this car with 144,000km on it, other than a cracked dash and some scratches the car is in good nick. Even if the cambelt isn't what they say think it was an ok deal? 

 

contemplating just selling it on

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10 hours ago, RepublicRevolt said:

contemplating just selling it on

Why sell it? Because the cambelt info you were given wasn't accurate and it isn't due for 60,0000km.

 

IMO I think you just drop it and enjoy the car, you liked it enough to buy it and your'e letting a little thing tarnish your whole opinion of the car.

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Back on topic, now im really not sure what to do. Have some people saying i should go to the tribunal and others not.
 
what i want to know is i paid 6500 for this car with 144,000km on it, other than a cracked dash and some scratches the car is in good nick. Even if the cambelt isn't what they say think it was an ok deal? 
 
contemplating just selling it on
I understand your position, you feel like the car is now tainted in some way and it's taken away your general likeness for the car and feel like you won't enjoy it as much as you would have had you known the actual truth.

Been there done that. But if it's a good car then drive it and enjoy it. Spend some $$ if you want getting the cambelt done, but I bet it doesn't need doing. Sure belts can perish with age but most of the time they are good for 10+ years

Unless you can prove they knowingly misadvertised the car then you will be wasting time at the tribunal. Things like pre purchase inspection etc comes into this here. It's all about buyer doing their due diligence.
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