NSW Fulty Car: Could I Get Refund from Dealer Under Australian Consumer Law?

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19 September 2018

In August 2018 I have purchased a second-hand car (2012 Ford Fiesta autimatic) from a licensed dealership at a fixed price, not at a auction. Within the 3 months/ 5,000km warranty, I found out there is a major mechanical issue with the automatic transmission. After 2,5 weeks that I had the car in my possession the car started shuddering in low gears and the transmissions started making a strange rattling/scraping sound. I am literally shaking in the car while driving away because of the transmission.

After doing some research online I found out that I am not the only one with this problem and that there is a major problem with Ford Fiesta's that have been build between 2011 - 2016, and that have the automatic powerspeed transmission that is in the car that I own. The ACCC even filed a case against Ford in regards to this issue and the way Ford handled consumer complaints and the ACCC won this case.

I have a meeting with the dealership on Friday to discuss among other issues this major problem. After doing my research I see that Ford is yet to find a sustainable solution to the problem. Current owners of these cars keep driving to the dealership to get their clutches replaced etc.

Needless to say that if I would have known about this problem and that my car has a problematic transmission I would not have bought the car. I'm now very afraid that if I keep the car I will be making a lot of costs for repairs.

My question to you is:

- Do you think I have a good case to get a full refund (I am still well within the 3 months warranty)
- If the dealer does not agree to a refund what are the next steps that I should take?

Thank you in advance!

Gr, Chris