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QLD Faulty Skoda Car - Australian Consumer Law Rights?

Discussion in 'Australian Consumer Law Forum' started by shellebelle, 9 January 2017.

  1. shellebelle

    shellebelle Member

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    Hi,

    I bought a Skoda in a private sale on November 25, 2016. I was made aware of a repair that was done one month earlier on the clutch and was given the receipt for this. I asked if the car had any issues and was told no it was all fine.

    On January first, the gear box went. I finally had it towed to a Skoda dealer. They informed me if the fault was the same issue that was repaired on October 26, 2016 then they would cover the costs.

    Today, I had a call saying it was the same fault, then another call back saying only part of the component was the old repair and that a full gear box replacement was required (this may cost $8,000).

    I have spoken with Skoda customer care and they are looking into this for me. Do I have any Australian Consumer Law rights at all?

    The car is 4 years old. There is no longer a warranty (as it ran out in 2016). And I bought it from a private sale. Do I have any standing at all? That a car should not be expected to have a major breakage of a gearbox when it is an expensive car? Should a car be expected to work or is this just my tough luck?

    Not sure if I have any rights at all or if you can help?

    Many thanks
     
  2. Lance

    Lance Well-Known Member

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    Hi Shellebelle,

    Australian consumer law does not apply to vehicles bought at private sale. That said it needs to be asked should an $8000 gearbox replacement be expected after 4 years.

    You are in a very difficult position. You need to highlight that if the work done one month before purchase (and I'm assuming the work was done by Skoda) had of identified the major defect you wouldn't have purchased the vehicle.

    Other than pleading with the Skoda customer care, I'm not sure what you can do. The previous owner wasn't to blame if the defect wasn't identified as a major problem, they sold it in good faith. This blog might explain Australian consumer law with regard to a lemon car; https://www.lawanswers.com.au/blog/lemon-car-what-you-can-do-under-australian-consumer-law/

    Please let us know how you go.
     

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