VIC Australian Consumer Law - Volkswagen Car Issues - What are My Rights?

[Andrew Cameron]

I bought my MY14 Volkswagen Polo GTI 2 years ago from a dealer new. Over this period, I have experienced issues with the ABS brakes that engage at speeds less than 10km/h. At speeds less than 10km/h a car should stop immediately. Instead, my cars ABS brakes engage and it continues to move forward with a number of meters before stopping. It has caused a number of near misses as I have pulled up at stop signs and gone through them and also coming out of car parks nearly hit pedestrians.

After a month of trying to fix the car, Volkswagen now admits there is a fault with the ABS system however, they are unable to fix it. They suggested I keep driving the car with the issue. I refused as I believe it's unsafe and not 'fit for purpose' and I am now escalating the issue within Volkswagen.

What are my rights under Australian Consumer Law? Can I demand the amount I paid for the car back? Or a replacement car?

 

[Paul Cott]

I bought my MY14 Volkswagen Polo GTI 2 years ago from a dealer new. Over this period I have experienced issues with the ABS brakes that engage at speeds less than 10km/h. At speeds less than 10km/h a car should stop immediately, instead my cars ABS brakes engage and it continues to move forward for a number of meters before stopping. It has caused a number of near misses as I have pulled up at stop signs and gone through them, and also coming out of car parks nearly hit pedestrians.

After a month of trying to fix the car, VW now admits there is a fault with the ABS system however, they are unable to fix it. They suggested I keep driving the car with the issue, I refused as I believe it's unsafe and not 'fit for purpose' and I am now escalating the issue within VW.
What are my rights? Can I demand the amount I paid for the car back? Or a replacement car?

Andrew,

On the facts as you relate, it may well be that the vehicle is not only not fit for purpose but is also of unmerchantable quality. And the law does indeed possibly give you the rights to the remedies you specify, being a refund or replacement. You may have to enforce these rights legally however which can be a different issue.

Formal advice and or a court or tribunal action may be necessary.

Hope that helps.