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WA Car Problems - Costs Covered Under Australian Consumer Law?

Discussion in 'Australian Consumer Law Forum' started by Samuel McMahon, 14 July 2015.

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  1. Samuel McMahon

    14 July 2015
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    I bought a car just over three months ago, a 2002 model and the valve cover gasket needs replacing, the problem started within the three months and have documents from RAC to prove that it was present from within two months of buying it.

    Does the dealer I purchased from have to fix this under Australian Consumer Law, or do I?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    HI Samuel,

    In WA there is a statutory warranty which applies to motor vehicles that have been purchased from a licensed used motor dealer for $4,000 or more and subject to age and km limits. It requires the dealer to fix certain defects which occur within the warranty period.

    Check out this website to determine whether your vehicle is covered by the statutory warranty. Used car warranties | Department of Commerce
  3. Ivy

    Ivy Well-Known Member

    10 February 2015
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    Hi Samuel,

    Additional to what @Sophea said, under the Australian Consumer law the car needs to be of a reasonable quality, including being reasonably long lasting. I don't know a lot about cars, however whether the ACL will protect you largely depends on whether it is reasonable that a car of its age would be expected to have that kind of issue. It can also depend on what was said to you or advertised about the car- were you told or did you read something about the car from the dealer that hasn't turned out to be true? Also, was the price you paid reflective of a car that would be in good working order? i.e. you didn't pick up the vehicle for significantly less than the market value.

    If you have paid the market price and it isn't reasonable to have this kind of issue in a car of its age, then the dealer probably needs to pay for the repair. You can contact the dealer directly and ask them to repair the vehicle or you can contact the Dept of Commerce first.

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