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Post Info TOPIC: Selling a car.


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Selling a car.


Just a thought, What about selling a car that is on the recall list.

What are the legalities for both private and business sellers.

 

To me it seems to be a legal minefield.  What happens if you buy an unmodified car and the airbag goes off and kills you. Who is responsible? Manufacturer, seller?



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if it goes of an kills you I don't think you would care much

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The Happy Helper

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Poster on this forum is having trouble with Fiat, they purchased a second hand Fiat MH, 2011 - I think - and the paint is peeling on the metal parts of the car (MH) - Fiat say they would respray, but this is only for "original" buyers. They have offered her half of the cost - told her to get a quote - they will try and wriggle out of it.

Not related to the recall - but thought it was along the same lines and interesting as well, as we have a 2010 Fiat.

 

"Hi Everyone

Just joined and this is my first post.

We purchased our Avan Ovation Fiat Ducati motorhome last July, and have had three trips along the east coast of Australia already.

First lesson learnt, don't travel during school holidays and wow it can get really really hot in the middle of Australia.

Our motorhome is 7.2 mt  Avan  Fiat Ducati 2011 model. This motorhome is in great condition with only 21,000 k on the clock.

We fell in love with it straight away and have had on a few minor problems until now.

The last trip away, we noticed the paint started peeling of the metallic parts of the Fiat. By the time we got home, a hand size section had completely peeled off and now most off the body had started to peel as well.

As it is  out of warranty we went to Fiat to with hope to get it repaired under some sort of goodwill claim. After about 2 weeks they respectively declined our request stating, we could only claim manufacturing error if we where the original owners.

Does not seem fair to me. Anyone else out there had  similar issues.

Anyway thanks for reading my first post and Sharon and I hope to share many of our road experiences with you all in the future."



-- Edited by jules47 on Wednesday 28th of February 2018 07:16:51 PM

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Senior Member

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We had a 2008 Fiat which we purchased 2nd hand and the paint started to peel off the bonnet. After contacting Fiat was advised to take it to the local dealer and they organized the re-spray at no cost to us. We are on the Sunshine Coast Qld and were very happy with the work. Sorry to steal the post but was interested in Jules' post as well.

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Guru

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Interested to hear what others have to say. We are in both boats so to speak. We bought, some years back, a 2nd hand Lancer through a dealer and it was recalled to have a new airbag fitted. The new airbag fit is recalled also. We also have a Lancer we bought new and it's on the list too. My concern, besides safety, is how is the airbag company going to be able to afford all the recalls? Will it go belly up and leave us all in the lurch.

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The airbag co went into receivership some time back . Leaving the manufactures to fix .. From what I understand the powder goes hard with moisture and becomes a bullet if bag goes off in accident .,

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Whats out there


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Gday...

This problem began some years ago ...  cry

June 15, 2015: NHTSA and Honda confirm that Takata airbag rupture was implicated in a seventh death. The driver of a 2005 Honda Civic was fatally injured following a crash on April 5, in Louisiana.

Japan's Takata Corp. could face about $24 billion in costs to recall its airbag inflators in a worst case scenario

Japans Takata Corp 7312.T, facing bankruptcy over the biggest recall in automotive history, would stop making air-bag inflators after completing a global recall, under a restructuring plan under consideration by its steering committee.

The committee is discussing plans with rival Key Safety Systems Inc (KSS) which is negotiating to take control of the company. Any plan would require final approval from Takatas board before the air bag maker submits them as part of expected bankruptcy filings in the United States and Japan.

Takata would stop producing airbag inflators after it completes production of replacement parts and fulfills existing supply contracts for them with automaker clients.

Cheers - John



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This article is the latest on "What to do"

http://www.abc.net.au/news/2018-03-01/what-does-the-airbag-recall-mean-for-the-second-hand-market/9497564



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Yuglamron wrote:

Just a thought, What about selling a car that is on the recall list.

What are the legalities for both private and business sellers.

 

To me it seems to be a legal minefield.  What happens if you buy an unmodified car and the airbag goes off and kills you. Who is responsible? Manufacturer, seller?


 From the ABC news website

http://www.abc.net.au/news/2018-03-01/what-does-the-airbag-recall-mean-for-the-second-hand-market/9497564

For those who do not have the band width to read the article

Quote

These are the legal requirements for sellers, according to the ACCC

If a car has been recalled, dealerships and businesses are required to have had the airbags replaced before selling them second-hand (though consumers should still double-check themselves that this has taken place)

 If a private individual is selling a car that's been recalled, there are no such legal requirements they don't need to have had the airbags replaced prior to selling, and nor do they need to disclose the fact that the car has been recalled

However, it's not just about legal obligations

Paul Turner, spokesperson for motorist organisation RACQ, said it's about ensuring "transparency between buyer and seller".

He says people trying to sell second-hand cars at the moment should be telling potential buyers whether they've received a recall notice and whether the airbags have been replaced.

And even if sellers haven't received a recall notice, they should still be telling potential buyers if the car is on the list of affected vehicles.

    "If they've done that, they've probably fulfilled their obligation," Mr Turner said.

Unquote

Common sense really

 

 



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Tony

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goautomedia.cdn.on.net/gan_premium/GoAutoNews_Premium_Newsletter_093.pdf

Good air-bag story here.



-- Edited by RustyD on Friday 2nd of March 2018 06:56:02 PM

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