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NSW Australian Consumer Law - Sold Repairable Write-Off by Dealership Without Knowledge?

Discussion in 'Australian Consumer Law Forum' started by Alice Taprell, 27 April 2016.

  1. Alice Taprell

    Alice Taprell Member

    27 April 2016
    Likes Received:

    My partner brought a ute from a car dealership in NSW two years ago. We weren't told it was a repairable write off at the time of purchase. In the two years since we owned it, the head on the motor has had to be replaced on the ute costing us thousands.

    We have also had other problems go wrong with it. The ute cost $20,000, which was purchased with a loan. The only reason we found out about the status of the ute was when we decided to try and trade it in to get another reliable vehicle as we can't rely on this one to go anywhere. So we are now paying interest on a can loan for a $20,000 Ute that is worth only a few thousand if we are lucky.

    Is there anything we can do under Australian Consumer Law? I can't trade the ute in for any more than a couple of thousand as it's a repairable write-off and they won't pay any more. The ute keeps breaking down and I need a reliable vehicle. Do I have any options, please? We are desperate and can't afford to add the cost of a lawyer on top of bills we are already paying off to do with ute repairs
  2. Sophea

    Sophea Guest

    Hi Alice,

    It is legal to sell a car that was deemed a “repairable write-off” and re-registered before January 31, however under the Motor Dealers Regulation, car dealers must tell consumers if a vehicle has previously been declared a write-off. I have heard of dealers having to refund consumers for selling them a repairable write-off without telling them.

    I would contact the NSW Dept of Fair Trading and/or the RTA.

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