SA MLC Frank Pangallo calls for roadworthy checks to stop dodgy second-hand car sales

Roadworthy certificates would be introduced across the state as part of a call to fix lax laws that are leaving second-hand buyers at the mercy of unscrupulous sellers. Have your say.

Private second-hand car sellers would need to provide a roadworthy certificate under proposed new laws designed to crack down on dodgy deals.

According to the Motor Trade Association SA/NT, three out of four second hand vehicles are now sold privately through online platforms without any of the Australian Consumer Law protections that licensed vehicle dealers are required to have.

Independent MLC Frank Pangallo said the new laws, set to be introduced to parliament next week, aimed to protect consumers from unscrupulous sellers, particularly on online platforms.

“The explosion of online platforms like Facebook Marketplace and Gumtree have revolutionised the way people now buy second-hand vehicles,” he said.

“This has led to unscrupulous individuals deliberately selling vehicles they know are not roadworthy and/or have serious mechanical defects to unsuspecting buyers.

“Some of these substandard modifications can put the unsuspecting new owner at risk on the road.”

Dad Joe Gentile Senior and 19-year-old Joe Gentile Jr paid $7000 cash for a 2009 Audi. Picture: Dean Martin

Last year, just over a quarter of the 318,209 used cars in SA were sold by licensed dealers.

Under the proposed new laws, sellers would need to have a certificate from a government-authorised mechanic or technician issued within three months before the sale date or face a fine of up to $5000.

“South Australia has some of the laxest laws in Australia when it comes to the sale of privately-owned second hand vehicles including being one of the last states without any requirement of a roadworthy certificate for second hand car sales,” Mr Pangallo said.

MTA Chief executive officer Darrell Jacobs said dodgy private vehicle sellers were ripping off those who could least afford it.

“It is more than reasonable to require a private seller to be upfront about any defects which might cost the buyer thousands in repairs,” he said.

Norwood father Joseph Gentile knows the risks buyers take first-hand.

He said he and son Josef were left with more than $1000 of repair costs after Josef bought an Audi Q5 through Facebook Marketplace that ended up blowing white smoke from the exhaust when idling.

Frank Pangallo MLC. Picture NCA NewsWire / Emma Brasier

“When we went back to the seller to raise the matter, we were just laughed at,” Mr Gentile said.

“After notifying the police, we were told it was a civil matter.”

Mr Gentile said ordinary people did not have the time and money to go after dodgy private vehicle sellers through the courts.

Mr Pangallo also called on the federal and state governments to consider national reforms given each state had its own scheme with New South Wales the only state with annual roadworthy inspections.

Mr Pangallo’s proposed laws will not apply to licensed dealers, auctioneers, individuals selling to a dealer or an auctioneer already bound by consumer protection requirements or historical registered vehicles older than 25 years.

The certificate, which will ensure the vehicle hasn’t been stolen or rebirthed and include checks of the engine, gear box and other features, is expected to cost between $100 and $200.

Originally published as SA MLC Frank Pangallo calls for roadworthy checks to stop dodgy second-hand car sales