#1
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Hi guys. I'm in a really tricky situation and asking desperately for your help. I live in Queensland and bought a used car from a dealer in Sydney (Liberty Motors) recently. It's got a NSW rego. I got my road worthy today in Brisbane and went ahead to get it registered here in Queensland. Then i was informed that the car's actually labelled 'written-off' and I will need to get a WOVI inspection to register it. The problem is that because I wasn't aware it was a written-off vehicle and thought that the car having a NSW rego meant I wouldn't need another inspection up in Queensland, I didn't even think to ask for receipts for parts and repairs from the dealer. I've written to them about it but doubt that they'd care. What do you think I can do? Has anyone got through WOVI without receipts? Has anyone been in a similar situation? Any help would be greatly appreciated. I've saved up really hard to get the car and can't afford to lose / spend any more money on it. Please help. Thank you! |
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Ralli
Post #2
When they sold you the car (the dealer) they should have done a revs check on it which would have said that it was a write off, the dealer should be able to provide you with a revs certificate ... when we sell used cars, we check revs all the time ... |
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jabes
Post #6
You are wrong. Revs doesnt tell you if it's a write off. See you corrected me .. ![]() only if they are incumbered ? or however you spell it !! lol shane wouldnt know how to do an encumbered search ![]() http://revscheck.com.au/ REVS Check shows you if the car has finance owing or if the car has any write off vehicle status. I would just go get the WOVI done, simple as calling up and making the appointment, they will check it and go from there. If your lucky just pay the $400 and they pass the vehicle, you get it rego'd, all good. If your unlucky, go back to the dealer in NSW and get a refund because they did not disclose information they as a dealer should have known. |
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Rookie ROX
Post #10
When they sold you the car (the dealer) they should have done a revs check on it which would have said that it was a write off, the dealer should be able to provide you with a revs certificate ... when we sell used cars, we check revs all the time ... Every rego law in each state is different, so you really should have checked all that out before you bought the car !! someone else can correct me if I am wrong, but I the dealer should be able to provide some sort of receipts ... writing to them probably won't do much though, you really need to ring them ... Why don't you get the WOVI done, and go from there ?! ![]() It doesn't help him one bit. You don't need to get a REVS check done for a dealer, as it's a legal requirement that it's already sold unencumbered. That has nothing to do with the problem though. A V-Check is the check that lists the vehicles status on the WOVR, stolen status, history etc. NSW just screws everyone around because the idiots like to lump it all together as a "REVS Check", despite the acronym stating otherwise. When you dig deeper, you find it's also called a V-Check. That said, I was under the impression it was also a requirement for a dealer to advise whether a vehicle was listed as a repairable write off. As for getting the WOVI done, it can't be done without evidence of the repairs, which comes in the way of receipts, written documentation and in some cases, photo documenting the repair work. The inspection then confirms that the receipted repairs bring the car back up to standard, and the supplied documentation also provides evidence of the vehicles origins. If he could get the WOVI that easily, he wouldn't have a problem, as the vehicle would come off the WOVR and could be registered as normal. Process listed here - http://www.transport.qld.gov.au/Home/Regis...cle_inspections My Rookie senses indicates a hint of vehicle rebirthing going on here. My first port of call would be to confirm the vehicle's origins and that all the identifiers match. There should be a copy of the write off documentation floating around which will aid your question. If you can erase the possibility of rebirthing, you can then worry about getting through the WOVI process. I would also recommend a phone call to the NSW Office of Fair Trading to confirm the dealer's obligation. Then use supplied ammunition against the dealer to meet your requests. ROCK ON R~R |
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Ralli
Post #11
It doesn't help him one bit. You don't need to get a REVS check done for a dealer, as it's a legal requirement that it's already sold unencumbered. That has nothing to do with the problem though. A V-Check is the check that lists the vehicles status on the WOVR, stolen status, history etc. NSW just screws everyone around because the idiots like to lump it all together as a "REVS Check", despite the acronym stating otherwise. When you dig deeper, you find it's also called a V-Check. That said, I was under the impression it was also a requirement for a dealer to advise whether a vehicle was listed as a repairable write off. As for getting the WOVI done, it can't be done without evidence of the repairs, which comes in the way of receipts, written documentation and in some cases, photo documenting the repair work. The inspection then confirms that the receipted repairs bring the car back up to standard, and the supplied documentation also provides evidence of the vehicles origins. If he could get the WOVI that easily, he wouldn't have a problem, as the vehicle would come off the WOVR and could be registered as normal. Process listed here - http://www.transport.qld.gov.au/Home/Regis...cle_inspections My Rookie senses indicates a hint of vehicle rebirthing going on here. My first port of call would be to confirm the vehicle's origins and that all the identifiers match. There should be a copy of the write off documentation floating around which will aid your question. If you can erase the possibility of rebirthing, you can then worry about getting through the WOVI process. I would also recommend a phone call to the NSW Office of Fair Trading to confirm the dealer's obligation. Then use supplied ammunition against the dealer to meet your requests. ROCK ON R~R ![]() |
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xxxxgold
Post #12
That said, I was under the impression it was also a requirement for a dealer to advise whether a vehicle was listed as a repairable write off. This is the case, however there is an anomaly in NSW legislation (and perhaps other states) which makes it impractical to do so in some cases. Prior to a particular date (off the top of my head, sometime in 2002/2003) once a written off vehicle had been presented for inspection and subsequently passed, it was removed from REVS. In NSW, REVS contains whether a vehicle has been recorded as a write off. So if a vehicle had been written off and repaired prior to that date, it will not show up on a REVS enquiry. I certainly don't profess to be an expert in this area so i had to do a bit of research, but in some cases in NSW a blue slip (similar to the QLD sfatey certificate) is deemed to be sufficient in registering a written off vehicle, presumably this is where it is impractical to present the vehicle to the authority that conducts the regular written off vehicle inspections. In this case, other states will not recognise this as evidence of satisfactory repair, and will require a full inspection prior to re-registration, however if the vehicle has undergone a complete inspection, this will usually be sufficient and you will not have to present the car for a further WOVI in the new state/territory. This sounds like it could be the case here. http://www.ultimate.net.au/vcheck/notices.asp I suggest you consult the paperwork received when you bought the car. The contract will have a section which states along the lines of 'This vehicle has/has not been recorded as a repairable write off'. If it states that the vehicle has been recorded as a repairable write off, you have no recourse against the dealer as they have fulfilled their obligations in regards to informing you of written off status. If it states that it is not listed as a repairable write off, you first need to establish whether the vehicle is listed as a written off vehicle on the NSW REVS register. If it was registered as a write off at the time of sale, the motor dealer will most likely not have fulfilled their legislative obligations and you may be able to take further action, however if the vehicle is not listed (on the NSW register, as this is a NSW matter) for the reason that the vehicle had been repaired, inspected and removed from the register prior to 2002/3 it becomes more complicated and further examination of the relevant NSW legislation would be required. |
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Infy
Post #13
I cant site all the legal things the other guys have. |
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Rookie ROX
Post #14
This is the case, however there is an anomaly in NSW legislation (and perhaps other states) which makes it impractical to do so in some cases. Yes I did note about that particular clause. I'm not convinced it's the case though, as the dealer the OP stated he purchased from are smack bang the middle of Sydney (Cabramatta area). The only way I could foresee it occurring was if the vehicle originated from a rural area and was repaired under the blue slip system, then sold to the dealer. Of course though they'd HAVE to have known from the day they received the car it was still on the WOVR.. I agree that it requires deeper digging, although having a little inside knowledge of that area and some of the er, "car dealers" that operate there, I would certainly also be double checking VIN and chassis numbers to rule out the possibility of rebirthing. and ontop of that you will still have a car that has been written off (which if you go to sell it and somebody asks if it has you MUST tell them, which in turn makes it harder to sell) This is also a valid point to be reminded of. No matter how perfectly repaired, a vehicle once listed on the WOVR will ALWAYS fetch a lower price in comparison to the rest of the market. Understandable, though a shame considering you could have the same vehicle crashed and repaired poorly, but not written off from the start. Personally, unless you purchased the car well below market value, if the opportunity is there to get rid of it, I would. ROCK ON R~R |
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jordo
Post #15
Is it only for water affect writeoffs that legally you only have to advise the next buyer of the car and that's all? |
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xxxxgold
Post #16
Is it only for water affect writeoffs that legally you only have to advise the next buyer of the car and that's all? Example, dealer goes to auctions, buys a flood damaged car, repairs it, and then sells it on. I was under the impression that in this situation, the dealer does not have to disclose it was flood damaged/written off. In QLD, a licenced motor dealer must inform a potential buyer that a vehicle has been listed as water damaged. The water damage may have happened 10 years ago, but they are still legally required to inform you of this. When it comes to (non water damaged) repairable write offs, a licenced motor dealer in QLD is only legally required to inform you of the written off status if it is yet to pass a WOVI. Once the inspection has been passed, the dealer no longer has a legal obligation to inform you that the vehicle has previously been listed as written off. If you have ever been to a damaged vehicle auction you will see on all cars offered for sale there is a note identifying the written off status of the vehicle. NSW differs in that whether the vehicle has been inspected or not, the motor dealer must still inform you that the vehicle has been listed as a repairable write off previously. Strictly speaking, a private seller is not legislatively required to disclose the written off/water damaged status of a vehicle (in QLD, may differ from state to state), however circumstances may arise where you may be required to compensate a buyer, for instance if the buyer asks you if the vehicle is a repairable write off requiring inspection and you say no (and you are aware that it does in fact require a WOVI prior to re-registration). If the vehicle has been repaired and inspected (and passed obviously) there is no legal requirement for you to disclose this to a buyer, however there may be a moral obligation depending on your character. |
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mustardj
Post #17
Thanks guys for all your help. |
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xxxxgold
Post #18
1. According to RTA, dealers are not legally obliged to inform the buyer about the car's written-off state. The information provided to you by the RTA is actually incorrect. The motor dealer (NSW) must disclose the written off status of a vehicle by law... THE VEHICLE IS/IS NOT LISTED ON REVS AS BEING, OR HAVING BEEN, A WRITTEN OFF OR WRECKED MOTOR VEHICLE As this is NSW specific, and that REVS came back clean, it would appear that the motor dealer has fulfilled their legal obligations in regards to this. However it is puzzling that the vehicle was written off in Victoria, and re-registered in NSW yet a further inspection is required in QLD. It is possible that although the vehicle was registered as a write off in Victoria, it was repaired in NSW (blue slip), but the RTA should be able to inform you of this. If the inspection was carried out in Victoria, it is my understanding that a further inspection should not be required in QLD, the only (legal) reason that re-inspection may be required is if it was inspected in NSW under the blue slip system. I'm with Rookie Rox here, if the inspection that it must have passed to be re-registered was anything but a blue slip (necessitating a further comprehensive inspection) i'd be triple checking the VIN and engine number match with every piece of vehicle history you can lay your hands on. |
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Rookie ROX
Post #19
5. Regarding the 'no receipt' situation, I've got two stories from Queensland Inspection Services reps: One is that it will simply take longer to do the check, and I should get a Statutory Dec saying that I bought the car in its current state and haven't modified anything. This sounds correct to me. As I've hinted at, the receipts are less to do with the vehicle being repaired properly (that's the point of the inspection) and more to do with providing evidence that it's the same vehicle that was written off in the first place. If you're not aware of the rebirthing I've been talking about, the process is three part. First, a criminal association purchases repairable write off vehicles from auction. Second, they then steal a car of the same make and model (and ideally for them, same colour). They then remove the vehicle identifiers (compliance plate, VIN number etc) from the written off vehicle and swap them with the stolen vehicle. They now have a stolen vehicle which essentially has a new 'identity', so will not raise alarm bells to police, of which they sell just under the market price to get a quick sale. Ala 'rebirthing'. Unfortunately for the new owner, if the police discover the vehicle has been rebirthed, it will be seized and returned to the original owner, and the criminal seller (who provided false details) is long gone. So alas the new owner now has no owner, and little recourse for recovering the money used to purchase the vehicle. 2. REVS check came clean. This was probably because the car had got a write-off status in Victoria, then shipped to NSW. 3. On the Notice of Sale and Warranty, it says REVS check has been done and the record says it's not a written-off vehicle, so REVS check really doesn't do much at all. Shame. Since the contract clearly states it's clear according to REVS, I'm not sure if I have the legal grounds to ask for a full refund and other associated costs... I think we need a little more information about the vehicle first. Make, model and year. The WOVR is a national register, so a written off status should be shown regardless of which State or Territory it was written off. It was implemented as a national system to stop criminals purchasing a write off in one State, then rebirthing in another State so the buyer, even if doing the right checks, didn't find the status. That said, I believe it was only implemented nationally around 2003-2004. So knowing your vehicle's specifications can help clarify the confusion. If you wanted to confirm the dealer's story, and don't mind spending $18, you could plug the vehicle's details into the NSW V-Check and see what comes up there. However it is puzzling that the vehicle was written off in Victoria, and re-registered in NSW yet a further inspection is required in QLD. It is possible that although the vehicle was registered as a write off in Victoria, it was repaired in NSW (blue slip), but the RTA should be able to inform you of this. If the inspection was carried out in Victoria, it is my understanding that a further inspection should not be required in QLD, the only (legal) reason that re-inspection may be required is if it was inspected in NSW under the blue slip system. I'm with Rookie Rox here, if the inspection that it must have passed to be re-registered was anything but a blue slip (necessitating a further comprehensive inspection) i'd be triple checking the VIN and engine number match with every piece of vehicle history you can lay your hands on. See my understanding of this blue slip clause is that it only allows the vehicle to be REGISTERED as a result of the difficulty in getting to an appropriate inspection site. My reading didn't suggest that it removes the write off status. It appeared to me that that would only occur after the proper inspection. I can't confirm this though as it's going off the information I've been trolling through. I'd probably want to double check that as well. But, once again, a vehicle written off in VIC that's sold in NSW going to QLD, big alarm bells are ringing. Check those numbers. Be aware that VIN numbers should be in numerous locations around the car. Don't trust the plate in the engine bay, because it's the first thing tampered with. There's a variety of locations throughout the car that the number should be stamped on, this site has a list of 'common' locations, but it does sometimes vary on the country of origin - http://www.kerrywilson.com/vin.htm ROCK ON R~R |
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warney
Post #20
This sounds correct to me. As I've hinted at, the receipts are less to do with the vehicle being repaired properly (that's the point of the inspection) and more to do with providing evidence that it's the same vehicle that was written off in the first place. If you're not aware of the rebirthing I've been talking about, the process is three part. First, a criminal association purchases repairable write off vehicles from auction. Second, they then steal a car of the same make and model (and ideally for them, same colour). They then remove the vehicle identifiers (compliance plate, VIN number etc) from the written off vehicle and swap them with the stolen vehicle. They now have a stolen vehicle which essentially has a new 'identity', so will not raise alarm bells to police, of which they sell just under the market price to get a quick sale. Ala 'rebirthing'. Unfortunately for the new owner, if the police discover the vehicle has been rebirthed, it will be seized and returned to the original owner, and the criminal seller (who provided false details) is long gone. So alas the new owner now has no owner, and little recourse for recovering the money used to purchase the vehicle. I think we need a little more information about the vehicle first. Make, model and year. The WOVR is a national register, so a written off status should be shown regardless of which State or Territory it was written off. It was implemented as a national system to stop criminals purchasing a write off in one State, then rebirthing in another State so the buyer, even if doing the right checks, didn't find the status. That said, I believe it was only implemented nationally around 2003-2004. So knowing your vehicle's specifications can help clarify the confusion. If you wanted to confirm the dealer's story, and don't mind spending $18, you could plug the vehicle's details into the NSW V-Check and see what comes up there. See my understanding of this blue slip clause is that it only allows the vehicle to be REGISTERED as a result of the difficulty in getting to an appropriate inspection site. My reading didn't suggest that it removes the write off status. It appeared to me that that would only occur after the proper inspection. I can't confirm this though as it's going off the information I've been trolling through. I'd probably want to double check that as well. But, once again, a vehicle written off in VIC that's sold in NSW going to QLD, big alarm bells are ringing. Check those numbers. Be aware that VIN numbers should be in numerous locations around the car. Don't trust the plate in the engine bay, because it's the first thing tampered with. There's a variety of locations throughout the car that the number should be stamped on, this site has a list of 'common' locations, but it does sometimes vary on the country of origin - http://www.kerrywilson.com/vin.htm ROCK ON R~R I reckon i know this car, its a white subaru ??? liberty i think .....or the situation was extremely similar than one i read about recently !!!! can you supply a vin number does it start with like a v and the last number is a p or something simliar ? |
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ThunderBolt
Post #21
QUOTE The WOVR is a national register, so a written off status should be shown regardless of which State or Territory it was written off. It was implemented as a national system to stop criminals purchasing a write off in one State, then rebirthing in another State so the buyer, even if doing the right checks, didn't find the status. That said, I believe it was only implemented nationally around 2003-2004. So knowing your vehicle's specifications can help clarify the confusion. If you wanted to confirm the dealer's story, and don't mind spending $18, you could plug the vehicle's details into the NSW V-Check and see what comes up there. Okay I think there is some confusion here. Revs checks for financial interest and written off status for NSW only: http://www.revs.nsw.gov.au/ If you want to find out if a car is a repairable write off then you need to do a history check (or vcheck). http://www.rta.nsw.gov.au/myrta/vehiclehistory.html The dealer probably would have done just revs check, it is up to the buyer to do a history check if they are interested. If the dealer helps out with the cost then great, but my understanding is that they are under no legal obligation to provide any help to you whatsoever. Them offering to help is probably just a moral obligation, so you won't go around talking bad about their business. |
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