Ok, Update time.
I have phoned Queensland transport, office of fair trading and also the transport inspectors.
The outcome is even though I didn't get a safety cert Im in the clear. The following offences were committed and there is no two ways about it.
The boat was advertised including the trailer both registered with out a current safety certificate. Offence no 1
The trailer was sold with registration with out a safety certificate. Offence no 3
The trailer was sold in a dangerous condition, be it knowingly or unknowingly and put motorists at risk through negligence on their behalf. Offence no 3
The outcome is the Queensland transport inspectors are now investigating and once proven possible criminal charges can be laid, including fines and at an extreme possible jail sentences. (
)
The office of fair trading are investigating and advised me that I am entitled to the following:
1) return both boat and trailer for full refund with all costs to be incurred by the seller.
2) Return the trailer for a suitable replacement (like for like) in acceptable condition supplied with a safety certificate.
3) Seller to pay all reasonable repair costs.
The only costs I have asked from the seller is for the replacement parts. (like for like) I have not asked for any labour charges or for any costs incurred by me for transport.
I believe that was a reasonable request and according to the office of fair trading would have been the easiest outcome.
If it is disputed through the office of fair trading it can go to tribunal, I will also more than likely be awarded costs plus compensation.
I don't understand why something so simple can be dragged out to where the government needs to be involved.
Anyway this will be a LOOOOONG process and I will keep everyone updated.
Cheers
Evo