LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Get Australian Consumer Law Action Against Dealer for Defective Car?

Discussion in 'Australian Consumer Law Forum' started by Matt9893, 28 May 2016.

  1. Matt9893

    Matt9893 Active Member

    Joined:
    28 May 2016
    Messages:
    5
    Likes Received:
    0
    Hey guys,

    My girlfriend purchased a car today from a car yard in Melbourne. The car was paid for in cash today and has a roadworthy, is registered, and was sold to her with the promise that it would not have any issues.


    10 mins down the road, it dies. Turns out it's a blown head gasket and the water mixed in with the engine oil. This and numerous other small problems with the car would bring in a bill of over $3000 just to get it back on the road.

    I want to confront the salesman and threaten legal action under Australian Consumer Law unless the car is repaired free of cost or the money it was purchased for is returned in full.

    I'm just so annoyed that they would sell such an unsafe and unreliable car to her I feel sick about it

    Help would be massively appreciated.
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,174
    Likes Received:
    258
    How much did you pay, and how old was the car?

    Was any kind of warranty supplied with the car?

    Regardless of the answers to the above, you have a very good chance of getting a refund under the Australian Consumer Law, but you may have to go to VCAT to see your money. There's something about used car salespeople and an aversion to handing back money.
     
  3. Matt9893

    Matt9893 Active Member

    Joined:
    28 May 2016
    Messages:
    5
    Likes Received:
    0

    Payed $3900 down from $4000, including a guaranteed rego, roadworthy and service. Which is all written down and signed upon by both seller and buyer
     
  4. Matt9893

    Matt9893 Active Member

    Joined:
    28 May 2016
    Messages:
    5
    Likes Received:
    0
    *Car is a 2003 Mazda 2
     
  5. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,174
    Likes Received:
    258
    If the dealer doesn't offer a full refund or offer to repair the car, get your mechanic's report and take the case to VCAT.

    Sucks when you tell your girlfriend it's a good car and dies within 10 mins of purchasing it. Feel for you mate. Good thing is that while us guys think it is a big deal, a lot of women don't, they have a different 'scoring system' to us blokes.
     
  6. Ozwarlock67

    Ozwarlock67 Well-Known Member

    Joined:
    16 April 2015
    Messages:
    57
    Likes Received:
    10
    Like any type of goods purchased, they have to be of merchantable quality....which this vehicle clearly isn't. I'd demand the money back.
     
  7. Matt9893

    Matt9893 Active Member

    Joined:
    28 May 2016
    Messages:
    5
    Likes Received:
    0
    Thanks, man.

    Although I didn't see the car before she bought it, regardless I'm a dud with automotive so I wouldn't have picked that it was a lemon
     
  8. Ozwarlock67

    Ozwarlock67 Well-Known Member

    Joined:
    16 April 2015
    Messages:
    57
    Likes Received:
    10
    Always best to invest in at least a basic mechanical inspection which probably would have picked this issue up.
     
  9. Matt9893

    Matt9893 Active Member

    Joined:
    28 May 2016
    Messages:
    5
    Likes Received:
    0
    Appreciated, but unfortunately "would have's" won't help me
     
  10. Ozwarlock67

    Ozwarlock67 Well-Known Member

    Joined:
    16 April 2015
    Messages:
    57
    Likes Received:
    10
    Let us know how you get on.
     

Share This Page

Loading...