Australia's #1 for Law

Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!

QLD Faulty Car Engine from Mechanic - Any Legal Options?

Discussion in 'Australian Consumer Law Forum' started by Peter Wilkinson, 7 March 2015.

  1. Peter Wilkinson

    Joined:
    6 March 2015
    Messages:
    3
    Likes Received:
    0
    I had a second hand engine from a wrecker fitted to my car that also turned out to be stuffed that the mechanic was charging me over 3 grand for. So he wants me to pay over 8 grand to return my car to me with the stuffed engine which is only good to take to a wrecker. Do I have any other options under Australian Consumer Law other than to pay 8 grand and still have a stuffed car?
     
  2. Ivy

    Ivy Well-Known Member

    Joined:
    10 February 2015
    Messages:
    498
    Likes Received:
    85
    Hi Peter,

    I need more information:
    1. You said your second engine also turned out to be stuffed. Are you alleging that your mechanic and/or wrecker has sold you two engines that don't work?
    2. Who sourced the engine/s? Did your mechanic source it/ them from the wrecker and is now trying to pass on the cost?
    3. Did the second hand engine/s come with a warranty? To my understanding second hand engines can come with or without a warranty and if they come with a warranty they are more expensive.
    4. Did you make the decision to have/ not have a warranty? Did you decide that you wanted the cheaper engine option or did the mechanic decide without consulting you?
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Peter Wilkinson

    Joined:
    6 March 2015
    Messages:
    3
    Likes Received:
    0
    1. No cars original engine seized they got it running again roughly,it then thew a conrod through side of the black.
    2.The mechanic sourced the second hand engine,and passing cost on to me, no money has yet changed hands.
    3.No had no warranty,had hole in sum after fitting and starting ran rough and had bad rattles,mechanics opinion was that it had been running without oil after sump was holed and stuffed the engine,may replace with another one if one can be sourced,even so may be as bad or worse
    condition.
    4.No not my decision have or not have warranty,mechanic decided without consulting or quoting engine price only found out cost of engine when he wanted to bring car back just as stuffed as he got it,I asked him how much of the $8,225 costs were actually engine costs he said "$3,300 I think,got it a bit cheaper as it had a hole in the sump" which I think was around $700 to weld up and mill flat.So he did'nt seem exactly sure of engine cost.
     
  4. Ivy

    Ivy Well-Known Member

    Joined:
    10 February 2015
    Messages:
    498
    Likes Received:
    85
    Hi Peter,

    Thank you for that additional information.

    Firstly, the mechanic has to be able to produce an itemised invoice. That is, they need to be able to account for all of their costs in sourcing parts and their labour time. It is not adequate for them to simply give you a figure without for example knowing how much a part such as the engine cost.

    Secondly, because the mechanic made the decision to buy the engine, that it had no warranty, that you were not given any say in the purchasing decision (your claim may also be helped by the fact that the engine already had issues making it a risky purchase and incurring additional costs that you were not informed of beforehand), I would definitely be following up with matter with the Queensland Department of Fair Trading.

    You can read more information on their webpage: Consumer rights, complaints and scams | Your rights, crime and the law | Queensland Government and here are their contact details: Contact us | Queensland Government

    For more information, the Federal Government's webpage on consumer law is here: The Australian Consumer Law - Homepage
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  5. Peter Wilkinson

    Joined:
    6 March 2015
    Messages:
    3
    Likes Received:
    0
    Hi Ivy,

    Thanks for your help will will follow up with Fair Trade.
     
Loading...

Share This Page

Loading...
gt;