QLD Issues with Secondhand Hyundai Car - Australian Consumer Law?

[Sroberts08]

Hi there,

We purchased a second-hand 2010 Hyundai Santa Fe 18 months ago from a dealership (with a 3-year warranty) and for the past 3 months, we have had a lot of issues with it. For example, dash lights coming on in error, the car not starting. We had parts repaired, one of which has been replaced twice and was part of a Hyundai recall. The issue of the car not starting cannot be identified and mechanics say nothing wrong with the car.

So I have two questions: firstly, do we have any chance of fighting the dealership we purchased the car through under Australian Consumer Law? Secondly, if we trade this car in for a new car, do we need to disclose this issue to the dealership as mechanics say nothing is wrong with the car?

Any information would be appreciated.

Thanks you

 

[Sophea]

Hi Sroberts08,

You can try to make an issue of the mechanical defects with the dealer. Read the terms of your warranty and see what you are entitled to under that. Also read this on your rights under consumer law: Faulty Second Hand Car? Your Options as a Buyer - Legal Blog - LawAnswers.com.au

In terms of pre-sale disclosure of mechanical defects in a vehicle...you cannot do or say anything that would be considered misleading or deceptive. Private transactions are not covered by the Australian Consumer Law, however it is a premise of common law that parties to a contract cannot make misrepresentations, be misleading or deceptive. So you can provide them with a mechanics report that states nothing is wrong with it, but if they ask you whether you have had any troubles with it, you would have to disclose the starting issues.