Faulty second hand car

Discussion in 'Commercial Law Forum' started by Kieran Darby, 31 October 2019.

  1. Kieran Darby

    Kieran Darby Member

    31 October 2019
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    My girlfriend at the start of the year bought a second hand car from a deal. Its a 2001 BMW and had 132ks when we bought it. It didn't come with warranty you had to buy it for 400$. We didn't think it was worth 400$ so we didn't buy it
    Within two weeks the car fell into fail safe mode and an error code came up that the computer that regulates how much fuel is injected into the engine was failing. So we called up the dealer and he said there was nothing he could and bad luck.
    From then we've had multiple problems with a dead battery, tyre blown out. And to finish it all off a leak from the coolant that will cost a minimum of 2k$ to fix.
    This was all within the last 7 months and she had only driven around 4000kms.

    Just curious whether this would fit under some form of legislation for a refund?

    Thank you very much.
  2. Paul Cott

    Paul Cott Well-Known Member
    LawTap Verified

    26 May 2014
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    Hi Kieran,
    On the facts as you have described yes that could come under the various consumer warranties in the Competition and Consumer Act and you may be entitled to a refund. In fact I have a case on right now involving a dud car that is in VCAT where we are arguing for a refund among other things. Paul Cott

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