Faulty Head Gasket in Car - Australian Consumer Law?

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Charlie1984

Member
16 November 2017
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0
1
Hi there,

I bought a car Nissan xtrail 2003 from a dealer mechanic on the Gold Coast, after 2 months and 2,000 km the head gasket blew. Seller doesn't want to know anything about the issue.

I paid 3,500 aud and it had 204,000 km when I bought it. Can I claim something in relation of the Australian Consumer Law? Because obviously for age and km it doesn't have guarantees.

Thank you
 

Clancy

Well-Known Member
6 April 2016
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68
2,289
I would expect statutory warranty to be 3 months?

Unless he sold it too you as a private sale?
 

Charlie1984

Member
16 November 2017
2
0
1
I would expect statutory warranty to be 3 months?

Unless he sold it too you as a private sale?
He sold it as dealer. Statutory warranty? Whats this about? U thought that a second hand car it doesnt have any warranty if it has more than 10 years and 160,000 km. Thanks
 

Clancy

Well-Known Member
6 April 2016
973
68
2,289
Consumer guarantees

A consumer guarantee is a promise that you make to any consumer that buys goods or services. This includes vehicles and trailers.

Consumer guarantees apply in addition to any other warranty, including statutory warranty and manufacturer's warranty.

Find out more about consumer guarantees

The consumer guarantees on a vehicle will apply:

  • for a reasonable amount of time after you buy the vehicle
  • even if the vehicle didn’t come with a statutory warranty
  • regardless of any other warranties from the business
  • even if other types of warranty have run out.
The amount of time that is reasonable:

  • varies from vehicle to vehicle
  • will depend on the price and quality of the specific vehicle
  • is not defined by when other warranties run out.
What the consumer guarantees promise

You must guarantee that a vehicle you sell:

  • is of acceptable quality
  • matches any description or demonstration model
  • is fit to use in normal road conditions (or normal conditions for that vehicle, such as an off-road vehicle)
  • is legally available for you to sell
  • comes with the right for the buyer to own and use it
  • has a clear title
  • will have spare parts and repairs available for a reasonable time
  • will live up to any other promise that you make about its quality, condition, performance or characteristics.
You cannot refuse to honour a consumer guarantee. Nor can the buyer sign them away.

Consumer guarantees will not cover:

  • accidental damage due to the buyer’s misuse or negligence
  • anything the buyer fitted to the vehicle after the time of sale.