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NSW Bought Un-roadworthy Car from Dealer - Refund?

Discussion in 'Australian Consumer Law Forum' started by JoM, 7 October 2017.

  1. JoM

    JoM Active Member

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    Hi!

    I bought a second hand car from a dealer. I took it to my mechanic after purchase just for a check up and he found it had numerous issues and said the car is not roadworthy. I took it back to the dealer who said they would repair the issues and provide a pink slip. After getting the vehicle back and renewing my Rego which was overdue I took it back to the mechanic who has said that not everything has been done and it's still not roadworthy.

    There are issues such as tyres are bald and front breaks are in super bad shape plus suspension issues and the oil leaks remain. There is another bigger issue which looks like the head gasket could be in trouble.

    I have contacted fair trading and RMS and fair trading advised to take it back to the mechanic again but Roads and Maritime said the fair trading is wrong and we are entitled to a refund. Anyone know the answer?

    I would think the dealership hasn't provided a safe vehicle at the time of sale so am therefore entitled to a refund. If the car is not roadworthy at the time of sale or if the car has been given a pink slip that's questionable, anyone know if I can have a refund? I don't want them to fix it as they have proven to be rubbish. I also feel that if I knew about these issues I would never have bought. Especially the head gasket problem.
     
  2. Rod

    Rod Well-Known Member

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    A major defect qualifies for a refund. The issue is whether all the defects taken together = a major defect. This will depend on cost of vehicle and cost of repairs to make it roadworthy.

    Recommend you demand your money back else you'll lodge a complaint.
     
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  3. JoM

    JoM Active Member

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    Thank you :) I have told them roads and maritime advised that if the car was not roadworthy it should never have been sold (not a lie). That's also what fair trading told me originally but the actual case manager is saying to give them another chance at repairs. Meanwhile the dealership reckons they've done the repairs out of "goodwill"! What a joke.. More like obligation.

    The dealership is also saying the car is roadworthy but my mechanic says no way is it roadworthy. So confusing and frustrating! I'm becoming mechanic after this haha.
     
  4. Clancy

    Clancy Well-Known Member

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    Well there are 'two' types of roadworthy.... the main one that most people go by is the basic police check roadworthy..... so that vehicle will pass a random roadside police roadworthy check. Your car will fall into this category. Noting that Police are limited in what they can reasonably check. Then there is the 'real' roadworthy which is based on real roadworthy requirements under government legislation - this will be what your mechanic is talking about. You are entitled for your car to be in accordance with this.
     
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  5. JoM

    JoM Active Member

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    Thank you!

    I would feel a lot more comfortable if my case manager from FT agrees. Will follow up today. The dealership's mechanic gave it a pink slip as I was able to renew my Rego. But again, my mechanic said no way should it have passed. The two front tyres need replacing plus the front brakes asap (amongst other things).

    Appreciate your response. Thanks again! This is such an awful situation to be in.
     
  6. Clancy

    Clancy Well-Known Member

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    Speaking of police... You could try taking your car to the police station and ask them if it is justifiable to put a defect notice on it, then take it back to the dealer? They cannot argue with that!
     
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  7. JoM

    JoM Active Member

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    Great idea!!
     
  8. Clancy

    Clancy Well-Known Member

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    If they don't defect it, that is no guarantee its roadworthy, and the police will probably tell you that.
     
  9. JoM

    JoM Active Member

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    That's true. Regardless of roadworthy or not the oil in cooling tank is a sign there's damage to the head gasket. I don't think that forms part of the roadworthy but sure as hell means I don't want the car!
     
  10. Clancy

    Clancy Well-Known Member

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    I dunno - If my engine has a known issue that could cause it to break down at any time, i would not feel safe driving it roadworthy or not!
     
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