QLD Australian Consumer Law on Hidden Defect on a Motorcycle?

Discussion in 'Australian Consumer Law Forum' started by ragen, 12 July 2019.

  1. ragen

    ragen Member

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    Hello,

    About a month ago, I bought a 2005 YAMAHA R6 from a private dealer for 3800$.

    During the first interview with the dealer, I inspected the bike as much as I could (I have a record of this) but I didn't find anything suspicious. The ad on gumtree was marking the bike as 'already crashed' and 'completely repaired' with Roadworthy Certificate and rego. During my inspection, I noticed some hints from the previous crash but nothing too big or too dangerous in order to ride the bike so it was ok.

    Finally, I bought the bike and everything was fine, until a little bit more than 3 weeks ago when I noticed a coolant leak behind the panels during one of my 'before-the-ride-check'. It was nothing too big so I decided to investigate further to see if I can set it by myself. I tried something but it didn't work so I decided to bring it to an official YAMAHA mechanic to ask for advice on Wednesday 3rd July.

    After some talk, we decided to set an appointment next week (Tuesday 9th July). Within the week, the small leak became worse and it was to the point where the pipes were about to burst. After a quick investigation of my bike, the mechanic said that it's not supposed to burst like this so quickly and that the coolant used on the bike looked weird. He said that the previous owner probably used a wrong coolant on the bike and that's why this happened to me.

    The bill to fix this is around 850$ according to the mechanic and the issue is very probably due to previous owner mistake/sabotage so my question is: Is there a way for me to cancel the deal made with the previous owner under Australian Consumer Law or at least to get him to pay this bill or part of it?

    Thanks for reading, thanks for your answers and sorry for my poor English.
     
  2. ragen

    ragen Member

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    Ok, it's been a week now. Can I have an answer now, or is it too much for you?

    Thanks,
     
  3. Atticus

    Atticus Well-Known Member

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    Short answer... No


    By private 'dealer' you mean a private sale right? So no warranty to begin with... an RWC is some assurance that the vehicle passed a roadworthy check at the time the cert was issued.. an RWC would not include checking your engine for defects or wear & tear

    Can you prove the issue was 'hidden'? I'm guessing not... Can you prove it was the wrong coolant & if so, it was the cuse of the problem?... I'm guessing not..

    Mate, my opinion... go get a second quote for repair. If it's just a coolant hose or similar $850 is outrageous...
     
  4. ragen

    ragen Member

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    Thanks for the answer. I was expecting this but I wanted to be sure.

    About the 850$ here are some more information:

    3hrs of work = 300$ (my vehicle is a bike, not a car) (including cleaning of the cooling system)

    2 litres of coolant = 50$

    Coolant hoses come in a kit. I have at least 3 hoses to change and it was less expensive for me to get a complete kit for 500$ instead of ordering every I need separately.

    But I'll have spares as I'm not going to replace them all. All the parts are stock ones so it's a bit more expensive and he showed me live on his computer the order so there are no mistakes on it.

    The only sad thing is 3 hrs of work. It could be reduced to 2hrs probably on another bike because you have to take almost all the panels off on mine in order to get access to what we need.
     
  5. Atticus

    Atticus Well-Known Member

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    3 Hours seems like a long time to flush a motorbike cooling system & change some hoses... $50 for 2 litres of coolant. Wow, must be gold..

    You can buy coolant hoses from a number of auto parts places. depending on size, around $2 - 4 a metre... If the hoses you need are short & have specific bends then you may have to go with the kit. But, shop around. Is there a bike wrecker who may have that model bike? In any case, I would definitely be getting more quotes if you are not able to DIY.
     
  6. Atticus

    Atticus Well-Known Member

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  7. ragen

    ragen Member

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    you're probably right, but i already paid for it, as i'm here on WHV and didn't want to waste too much time on it but i know that i could have done it way cheaper if done by myself. I just have no tools to do it by myself.
    And also keep in mind that it is going to be replaced by brand new stock parts, not used ones and also atticus, the kit you're showing is a lot different than the one i ordered. there are a lot more hoses and clamps in the one i ordered.
    I may be scammed on some points but the fact is that my bike was not able to drive a lot more. the coolant leak was getting worse day by day so it's ok.
     
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