QLD Can We Get Compensation for a Faulty Car?

[julie hiron]

My partner had bought a ute before I met him but he kept it taking back to the car yard from day one. He has all paperwork for the sale and car insurance, but didn't get anywhere until I went there, and doing another look at the car, was told it had a fault.

They said insurance would probably cover it as was a fair bit of money. Got an answer back, they said he had missed a service but he didn't think he did. My partner then went over to holden to trade it in, he signed paperwork and then they came back and said it was a repairable writeoff a few years earlier.

They asked whether he was told. He wasn't. They believed it to be illegal to not be told and they would support him further in the future and he got the new car.

I believed it was unsafe for him as he is hearing impaired and could not hear noise coming from the back. There was only a light coming up on the dash and was also told the car could have rolled any time. We rang lots of places nobody offered any help letter loan.

Any compensation?

Thanks

 

[Tracy B]

Hi Julie,

A business or person should not be selling a written-off car in Australia without explicitly and clearly informing the buyer that the car is written off. Was the seller a business that ordinarily trades in buying and selling cars? If so, your partner may have some recourse under the Australian Consumer Law. In this case, he should contact Fair Trading QLD. They are an independent body that oversees the ACL and offers a free service resolving disputes between consumers and businesses (such as car dealerships). However, they have limited power when it comes to compensation. It they cannot help you in terms of compensation, you will need to an application with QCAT.

Your partner may also help this similar thread helpful: QLD - Discovered Car was a Repaired Write Off - Can I Sue? | LawAnswers.com.au