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QLD Can I Get Refund and Compensation from Dealership?

Discussion in 'Australian Consumer Law Forum' started by Kate Paige, 15 August 2016.

  1. Kate Paige

    Kate Paige Member

    15 August 2016
    Likes Received:

    I bought a car (2003 Kia Sportage) from a dealership and the check engine light came on that same day I got home. I then got an independent mechanic report, which showed a number of defects about the car making it un-roadworthy.

    The car yard offered to fix the problems on the list, which they did gave me a report and I drove away. 2 days after that, the car's engine blew up and now it's un-driveable.

    I have since discovered that the documentation - the receipt, form 12 and the used car contract all say the vehicle was a 2011 Kia Sportage, the safety certificate says it's a 2003 Kia Sportage and Qld transport say its a 2002 Kia Sportage.

    I initially wanted a refund, but now I'm wondering if I can also get compensation for not having a driveable vehicle and has put me considerably out of pocket.
  2. Victoria S

    Victoria S Well-Known Member

    9 April 2014
    Likes Received:
    Hi Kate,

    When a second-hand vehicle is sold by a licensed motor dealer in QLD, it must be roadworthy at the time of sale. You should have been provided with a Safety Inspection Report stating that the vehicle was roadworthy. If the vehicle was not, in fact, roadworthy at the time of sale, the Queensland Civil and Administrative Tribunal can make orders for the dealer to refund the full purchase price of the vehicle and other associated costs.

    There was a recent case where a guy purchased a second-hand car for about $10K which the dealer represented to be in "good condition" and "rust free". Upon delivery of the vehicle, it turns out the vehicle was in poor condition and had serious rust issues. The safety inspection certificate was found to be invalid.

    A complaint was made against the dealer claiming he had misrepresented the condition of the vehicle. The Tribunal was satisfied that the vehicle was not of merchantable quality as it was sold with numerous faults and did not match the description of the advertisement. The Tribunal was also satisfied that the vehicle was not roadworthy when issued with a safety certificate at the time of sale and that the dealer had been misleading in regards to the sale. The man was awarded a refund of the purchase price and the cost of the mechanical inspections and storage of the vehicle.

    I would write to the dealer demanding they fix it or refund your money (whichever you would prefer) and if they refuse, make a claim with QCAT.
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