2 months ago, XXX of XXX sold me their company-owned car (It was built Nov 2013, but I was told that it used by a company executive. I was registered as the first owner - 11,000km on the clock). The sales rep said the only paint issue was a small dent/scrape near the boot which I saw & accepted.
Then it was discovered by a car paint expert (post-delivery) that the car had iron filings/particles dropped onto the roof and bonnet of the car. The expert said that a pre-inspection would not have seen the iron filings/particles, and if left untreated would rust rapidly. It is now fixed.
The dealer has said that because it looks environmental and not a manufacturer's defect, then it's not covered under warranty. "Go get a nice 'cut n polish'" was their recommendation.
Given
1. Section 32IA (of Fair Trade Agreement) implies a condition that the goods are reasonably fit for the particular purpose for which they are required.
2. Section 32OA (of FTA) states that if a seller makes a statement to you about some existing or past fact concerning the car, and the statement both induces you to enter the contract and is untrue, the statement is called a misrepresentation. If a misrepresentation has been made, you can rescind the contract within a reasonable time after accepting the goods, or claim damages.
What course of action should I take under Australian Consumer Law, considering (a) the inconvenience it has caused me and my family, (b) the devaluation of the resale value because of such as incident, (c) the worrying and expert monitoring of rust I now have to live with for the next ten years and (d) the negative impact of my influential opinion and view that I have of the prestige dealer
What level of responsibility does the dealer wear in this instance - a new car or just not brand new. Is there legally a difference?
Then it was discovered by a car paint expert (post-delivery) that the car had iron filings/particles dropped onto the roof and bonnet of the car. The expert said that a pre-inspection would not have seen the iron filings/particles, and if left untreated would rust rapidly. It is now fixed.
The dealer has said that because it looks environmental and not a manufacturer's defect, then it's not covered under warranty. "Go get a nice 'cut n polish'" was their recommendation.
Given
1. Section 32IA (of Fair Trade Agreement) implies a condition that the goods are reasonably fit for the particular purpose for which they are required.
2. Section 32OA (of FTA) states that if a seller makes a statement to you about some existing or past fact concerning the car, and the statement both induces you to enter the contract and is untrue, the statement is called a misrepresentation. If a misrepresentation has been made, you can rescind the contract within a reasonable time after accepting the goods, or claim damages.
What course of action should I take under Australian Consumer Law, considering (a) the inconvenience it has caused me and my family, (b) the devaluation of the resale value because of such as incident, (c) the worrying and expert monitoring of rust I now have to live with for the next ten years and (d) the negative impact of my influential opinion and view that I have of the prestige dealer
What level of responsibility does the dealer wear in this instance - a new car or just not brand new. Is there legally a difference?