A Gold Coast woman paid $9,000 for a used car on Facebook Marketplace.
She got 64 kilometres out of it.
ezylegal took her claim to the Magistrates Court of Queensland on a no-win, no-fee* basis, and the dispute was resolved in her favour at mediation.
At a glance
- Problem: A used car bought on Facebook Marketplace blew its head gasket 64 km after the sale, and the seller hadn’t disclosed a rebuilt engine.
- Claim against: The private seller.
- Legal basis: Breach of contract, in the Magistrates Court of Queensland. The Australian Consumer Law guarantees don’t apply to private sales.
- Result: Resolved in the buyer’s favour at mediation, on a no-win, no-fee* basis.
A safety certificate, a handshake, and a blown engine
In 2025, our client agreed to buy a used SUV from a private seller. The deal was done partly through Facebook Marketplace messages and partly in person.
The seller handed over a fresh safety certificate, dated a week before the sale, and said the car was roadworthy and fit for purpose.
The next day our client started driving it. About 64 km later the engine overheated and the car stopped. The fault was consistent with a blown head gasket.
Only after the car had been towed to a mechanic did the seller mention something new: the engine had been rebuilt before.
The mechanic confirmed extensive engine and radiator damage. Between the repair quote and the tow, our client was left thousands of dollars out of pocket on a car she had owned for a day.
Can you get your money back on a private car sale?
It depends on what the seller told you, and it won’t be under the Australian Consumer Law.
Most people assume buying privately means you have no comeback. There is some truth in that. The consumer guarantees under the Australian Consumer Law apply to businesses, not to someone selling their own car.
But a private sale is still a contract. When a seller tells you a car is roadworthy and fit for purpose, they are making a promise. If that promise turns out to be false, you can hold them to it.
ezylegal filed a claim against the seller in the Magistrates Court for breaching the agreement, both by failing to disclose that the engine had been rebuilt and by breaching their promise that the car was roadworthy and fit for purpose.
The outcome
The matter went to mediation, and the dispute was resolved in our client’s favour.
A few thousand dollars is still worth fighting for
At traditional hourly rates, a claim this size usually isn’t worth chasing. The legal fees can eat the whole amount before you get anywhere near a courtroom, so most people swallow the loss and move on.
That’s the gap ezylegal is built to close. Rachel, our AI paralegal, handles the research, drafting and preparation in a fraction of the time, and a real Australian lawyer checks, signs off on and runs every matter. That keeps the cost down, so a few thousand dollars is worth recovering.
If you’re facing something similar
If you bought a car privately and it failed soon after, keep:
- the Marketplace listing and every message with the seller
- the safety certificate and any receipts
- the mechanic’s report and quote
- your towing and repair invoices
A private sale isn’t a free pass for the seller. If what they told you about the car doesn’t match the car you got, you may be able to hold them to it.