QLD Australian Consumer Law - Used Car Failure After Two Days?

[Jamie Rutherford]

I just bought a used car, came with Roadworthy certificate, took it for a test drive and all seemed fine. 2 days later, I got an Electronic power steering fault. I had the car raised and looked over and on top of that the driveshaft seal is leaking.

I didn't pay for the $700 warranty they offered, but just seeing if I have any Australian Consumer Law rights due to failure after 2 days?

Regards

 

[Lance]

Hi Jamie,

You don't need a dealer warranty to be covered by Australian Consumer Law warranties. A vehicle purchased from a dealer is covered by the warrantees of being free from defects, last a reasonable amount of time and others.

The following blog will provide some additional information: Lemon Car? What You Can Do Under Australian Consumer Law - Legal Blog - LawAnswers.com.au

 

[Jamie Rutherford]

Unfortunately for me, looks like that is only for cars under 160000 and under 10 years. Mine's at 120000 but over 10 years (2002).

From what I've read they've removed "class b" from which would have covered me

 

[Lance]

Hi Jamie,

That's the criteria for a statutory warranty not the consumer guarantees I was talking about. But you are right they removed the Class B type statutory warranty which was for a vehicle over 160000 and over 10 years of age to prevent the doubling up of rules between statutory warranties and consumer guarantees.

These links might clarify:
Consumer guarantees for products | Your rights, crime and the law | Queensland Government
Guarantees and warranties for used cars | Your rights, crime and the law | Queensland Government

 

[Jamie Rutherford]

Ok thankyou. I have called the dealer about the problem but he had said it was all good when I took it from the yard. Said he wasn't obligated to do anything, but would pay for it to get checked on a scan tool.

What would you recommend I mention to the dealer to get the problem rectified? Consumer law? Lemon Law?

Want to make sure I have all my facts straight. Thanks for the link also

 

[Lance]

Hi Jamie,

They will try to tell you that this vehicle isn't covered by statutory warranties and they are right. You should say that you have guarantees under Australian Consumer Law(and read this first How we can help | Your rights, crime and the law | Queensland Government ) once you have read this you can say that the advice from the office of fair trading is to resolve this issue in person before lodging a formal complaint.

 

[Jamie Rutherford]

Ok then, thank you for your help Lance, appreciate it. I'll read over it.

Regards

 

[Lance]

No worries Jamie. I hope you get them to do the right thing.