Is It Illegal To Sell A Car As A Repaired Write-off?  

scuba87
  • scuba87
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Post #1 post 20th September 2011 - 09:11 PM
Just wondering if anybody knows the laws in terms of the resale of a car if it was written off an repaired??? Googled it but couldnt find much about it?? Any help would be great
noremac82
Post #2

unless your a dealer, you legally DO NOT have to tell potential buyers the origin of the vehicle.

BUT - if you repair it and sell it before an inspection (WOVI) has been done, you must let the potential buyer know that it is STILL listed as written off and requires inspection before registration can be had.

Also same boat if you bought it 100% aware it was written off then sell it without telling the potential buyer (ie they bought it from auction as a repairable write off, then sell it telling you grandma crashed it and was not insured) this can also be back tracked with insurance companies, DOT and auction companies, so you'd end up in shit creek without a paddle.

It up to the potential buyer to carry out a Vcheck (or any other check that gives you rego history, write off history, revs etc) and use services such as RACQ etc.

there isn't really a law regarding the issue, unless you are operating as a motor dealer.

scuba87
Post #3

QUOTE (noremac82 @ Sep 20 2011, 09:15 PM) *
unless your a dealer, you legally DO NOT have to tell potential buyers the origin of the vehicle.

BUT - if you repair it and sell it before an inspection (WOVI) has been done, you must let the potential buyer know that it is STILL listed as written off and requires inspection before registration can be had.

Also same boat if you bought it 100% aware it was written off then sell it without telling the potential buyer (ie they bought it from auction as a repairable write off, then sell it telling you grandma crashed it and was not insured) this can also be back tracked with insurance companies, DOT and auction companies, so you'd end up in shit creek without a paddle.

It up to the potential buyer to carry out a Vcheck (or any other check that gives you rego history, write off history, revs etc) and use services such as RACQ etc.

there isn't really a law regarding the issue, unless you are operating as a motor dealer.


Whats WOVI?? and by your reply i take it that if the car is for sale in car yard then its all legit and legal??

brokenz
Post #4

QUOTE (scuba87 @ Sep 20 2011, 09:11 PM) *
Just wondering if anybody knows the laws in terms of the resale of a car if it was written off an repaired??? Googled it but couldnt find much about it?? Any help would be great



no its not illegal.
there is "write off" (cant ever be re-registered for road use)
"repairable write off" (can be repaired,then inspected and once passed, re-registered for road use)
and "repairable write off" thats already been repaired, inspected and passed to be re-registered.
you can sell any of these cars to anyone. buyer should do a vcheck to confirm the car can be registered.
the info is available. just spend the $15.50.

buying a "repairable writeoff" thats been inspected and passed is fine.

which one in particular do you want info on or whats your particular issue?

noremac82
Post #5

QUOTE (scuba87 @ Sep 20 2011, 09:25 PM) *
Whats WOVI?? and by your reply i take it that if the car is for sale in car yard then its all legit and legal??

When a dealer buys/trades a car they carry out a REVS check, not so many carry out a WOVR check (written off vehicle register)

When a vehicle has been listed as written off, it has to be repaired, roadworthied and then taken to a WOVI (written off vehicle inspection) and then it will be cleared (ie can be road registered again)

The written off status will ALWAYS stay against the vehicle, but when you carry out a V check - it will list the vehicle has been written off, type of damage, and date that it was cleared.

BUT as a dealer, if they DO NOT check the vehicle to see if it had been written off, then on sell it for that owner to then discover, they get reamed by transport department for not providing accurate information to the buyer.

khubner
Post #6

you can sell them there is no law against that as a curtousy to the buyer i would make them aware of it though. (it just the right thing to do).

slightly off topic i bought my car as a flood damaged vehicle it was still on the wovr. (still had the pickles auction sticker on the windsheild saying the vehicle is a repairable write off and must pass a wovi etc before it can be registered). so sell it to your hearts content just don't dog somone and sell them either a stat write off or rep write off that hasn't passed an inspection. without notifing them first

scuba87
Post #7

Nah nottrying to sell a written off car, and not trying to buy one either... Just getting some info for a mate thats about to buy his first car... Do the DOT supply the vcheck or get them somewhere else?

noremac82
Post #8

www.vcheck.com.au

spend the $49 and get a premium check.

gives you registartion history (QLD ONLY)
wovr check
revs check
vehicle details etc

will help you mate in buying his first car

ThunderBolt
Post #9

^^^ Cheaper on Qld Transport site: www.qld.gov.au/vehicleinfo

Vcheck premium $34.80

if you are elsewhere then check on the appropriate state's transport department site.

milehigheric
Post #10

You should also clarify your state....All the above information relates to QLD specifically, NSW for example has recently changed their laws and differ substantially.

sanchezz
Post #11

stuff the buyer

just play dumb as though you no nothing about cars, dont make any representations and when the buyer finds out you have ripped him he wont have a leg to stand on...

goodluck, there is always a sucker round the corner

screwball
Post #12

QUOTE (sanchezz @ Sep 21 2011, 11:56 AM) *
stuff the buyer

just play dumb as though you no nothing about cars, dont make any representations and when the buyer finds out you have ripped him he wont have a leg to stand on...

goodluck, there is always a sucker round the corner


I hope you're joking.

sanchezz
Post #13

QUOTE (screwball @ Sep 21 2011, 04:11 PM) *
I hope you're joking.

dead serous
if the buyer isnt smart enough to get the right checks done.. they deserve to buy a dodgey car

no more holdens
Post #14

The written off register is only relevant IF the car was or is insured before the accident
IF it wasnt insured as such , then its not on any written off register

xxxxgold
Post #15

QUOTE (no more holdens @ Sep 21 2011, 07:07 PM) *
The written off register is only relevant IF the car was or is insured before the accident
IF it wasnt insured as such , then its not on any written off register


This isn't entirely accurate. In QLD, a 'self insurer' also has a statutory obligation to notify the chief executive that a vehicle has been assessed as a total loss. In practice this rarely happens of course but if you fail to report the vehicle then you face a fine of up to $5000.

In regards to the original question, if a vehicle has previously been assessed as a repairable write off and has subsequently passed the WOVI, there is no statutory obligation on the part of either a dealer or a private seller to inform a potential buyer that the vehicle has previously been written off. If the vehicle has yet to pass the WOVI then the dealer must disclose this information but a private seller is not required to do so.

176OES
Post #16

QUOTE (sanchezz @ Sep 21 2011, 04:33 PM) *
dead serous
if the buyer isnt smart enough to get the right checks done.. they deserve to buy a dodgey car


Note to self: Never buy from you.

Cant stand dodgey fucks who like to blame others as an excuse for their dishonesty (and knowingly withholding information that would be important to the buyer IS dishonest)

aussiemk2
Post #17

QUOTE (176OES @ Sep 22 2011, 10:02 AM) *
Note to self: Never buy from you.

Cant stand dodgey fucks who like to blame others as an excuse for their dishonesty (and knowingly withholding information that would be important to the buyer IS dishonest)



+1

whilst getting the checks is recommended it would be nice if people were a little more honest.

no more holdens
Post #18

QUOTE (xxxxgold @ Sep 22 2011, 09:59 AM) *
This isn't entirely accurate. In QLD, a 'self insurer' also has a statutory obligation to notify the chief executive that a vehicle has been assessed as a total loss.


Not to sure ,how this works,but ill just throw an example how it could happen
IF ol mate down the road,forgets to meet his insurance obligation,and major damage is done ,then finds his insurance company wont pay any damages due to no insurance,before any quotes have been done
Then gets a backyard panelbeater to fix the damage,its then not on any written of register, wether repairable, statutory or total write off
I know of 1 situation where this has happened, and not sure if there were any issues

So for the topic at hand , and if the car or vehicle is noted and on a list or registered on a write off list ,it could be an issue to disclose , but as for the example ive noted,and its not on a list as such then noone would know , except an expert that the car was in any incident

A quick check with the relevant authorities should have info wether a car is classed as a write off, to any class,but not all damaged cars will show

IF its not a law to disclose the info, then is it ethical to withhold the info ???

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