NSW Dealer Lied About Timing Belt Replacement - Australian Consumer Law Rights?

[chriso]

I purchased a car (159,000km on the clock) recently from Australian Car Sales Group on 04-03-17. I purchased the car after undertaking an inspection of it, during which I enquired about when the timing belt was last replaced. This is an routine (every 100,000km) but expensive ($1000-$2000 inc. water pumps etc usually done at the same time) service which would affect the price I was prepared to pay.

The dealer then informed me that the timing belt had been replaced at 100,000km but could not give me the exact km on the clock when it was replaced. They could not tell me this because they had 'washed off' the ink on the timing belt service sticker (located next to the belt in the engine) which displayes replacement info i.e. km the belt was last replaced.

The engine and car had been cleaned, I just didn't realise they were probably trying to hide this at the time of purchase. Later in the day a warning light came on (not to do with the belt) but I had a look under the hood. With the angle of the light I could now see the indentation from the pen on the sticker stating the belt was last replaced at 69,000km. I do not have a car warranty but this sort of routine repair is not usually covered.

Do I have any legal rights under Australian Consumer Law to ask for my money back? This makes the car $1000 to $2000 more expensive because as per manufactures recommendations I should be replacing the timing belt before 169,000km on the clock.

I would not have bought the car knowing this. What rights does the dealer have? They will surly just say something like sold 'as seen'? But come on!

 

[Lance]

Hi Chriso,

Under Australian Consumer Law dealers can be liable if they make false representations. So basically it would come down to 'would you buy the vehicle if you knew the truth around timing belt change. If they told the truth you would have bought a car 159,000km on the clock and you could expect to have to do the maintenance in around 40,000kms or about 2 years.

The truth is you got a car with 159,000kms on the clock and will likely need to undertake the maintenance in about 10,000kms or 6 months. I think its reasonable to assume you wouldn't buy the vehicle knowing you would need to do $2000 in maintenance in 6 month.

This Blog post will give you some go information: Faulty Second Hand Car? Your Options as a Buyer - Legal Blog - LawAnswers.com.au

I would speak with the Dealer and explain the situation and if you get no where contact NSW Fair Trading. At the very least I would be shooting to have them undertake the belt change service (they can probably do it cheaper that $1000)

 

[chriso]

Lance,

Thanks for the response. I paid $3900 for the car assuming to get a good 40,000km out of the timing belt as discussed with the dealer. There is no way I would have paid that much if I knew about the actual km on the clock when the belt was last changed. I would have got straight back on gumtree to look for another one. I have a low budget so hence the significance of these repair costs.

I'm not sure that I trust them to fix it (doubt they will anyway), they are crooks. Also, if the belt was to fail whilst I was driving this could have caused an accident.

Thanks for the links. I have had a look at the Australian Consumer Law and will report this issue if I cannot settle this with the dealer. I think with the deception and safety issues at the point of sale I have the right for a refund.