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VIC Car Bought was Misadvertised - Lodge a Claim under Australian Consumer Law?

Discussion in 'Australian Consumer Law Forum' started by Nusya, 2 December 2015.

  1. Nusya

    Nusya Member

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    Hello, I bought a car from a well-known vehicle dealer in Melbourne. I do not live in VIC myself. When the car was delivered, I found out the date of manufacture was different to the one stated by the salesman and in the contract. I contacted the dealer and they offered me to return the car within 7 days to them for a full refund. However, I was asking the car to be replaced, as I am from another state and my family relies on this car every day. They do not have a car of this year at the moment, they said.

    I stated I was ready to wait until they do have it in stock. This was ignored. Also, talking about a full refund, they did not want to refund initial delivery fees (not part of the contract), nor subsidise the vehicle return delivery to them either.

    The week is over - I could not organise the delivery in time. I asked them to give reasonable time for that - eg. 28 days - they ignored this as well.

    What are my options under Australian Consumer Law? Do I lodge a claim in the state where I live?

    Thanks.
     
  2. Rod

    Rod Well-Known Member

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    Return the car and seek a full refund. You bought the car in Vic so I expect Vic law will have precedence. Though it is likely in any case that the Australian Consumer Law will apply and that is Commonwealth law and applies in every state.

    You have complicated matters by refusing their initial offer of a full refund. If they did not have a replacement car your best option was a full refund and the argument over delivery fees would have been straight forward. You cannot expect them to allow you to drive around in their car while waiting for a replacement car. Assuming we're talking second-hand cars, they may not be able to get one for 6 or 12 months. You are not entitled to assume they will have one in 30 days or 60 days or at all.

    The seven period they specified was unreasonable but you shouldn't leave the return of the vehicle for much longer. Recommend you call them and say the car is being returned as you did not receive what you paid for. Get the car back to them, with confirmed proof of delivery, then send then an itemised account of what they owe. You may then need to fight/negotiate on the final amount and take them to court if you cannot reach an agreement.

    Alternative is keep the car if you like it, but say it should be $x dollars cheaper if it is older than the one you ordered.
     

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