Hi all, so, this one is a pickle. Here is the back story:
I purchased a used 2013 Nissan xtrail 4WD from a private seller on 16 November 2018. Prior to purchase, I had the vehicle inspected by my mechanic, who identified a leak from the rear differential.
The vehicle was (and is) still under extended warranty so the seller took it back to Nissan to have the problem investigated and rectified within a couple days of the inspection.
When taking the vehicle back to the service centre the seller also identified a strange humming noise being made by the vehicle and made mention of this to the Nissan service centre as well.
The vehicle was inspected by the service centre and they identified a separate issue with worn bushes on the front control arms and replaced those, but did not write on the service invoice what actions were taken regarding the leak in the rear diff they were asked to inspect. (See linked screenshot of the relevant section of service invoice).
So, the seller then reported to me that it had been inspected and it was all ok, so trusting the skill of the service centre I purchased the vehicle (which was otherwise immaculate and had immaculate service history).
Then one day three and a half weeks later, after starting to hear a clunking noise, the rear differential completely breaks - a major failure.
Nissan have declined to repair it under the extended warranty stating it was not a manufacturing fault and that the vehicle was driven a substantial distance after signs indicating a problem should have been noticed - however, I noticed no signs other than a one-off clunk noise after I bought it, which did not recur until the day the diff failed.
My question is: Am I eligible to take action under the Australian consumer law against the service centre (or seller?), possibly for failure to exercise due care and skill (in inspecting and rectifying the leaky diff)?
NB: A leaking differential, if left untreated can lead to a major failure such as the one my vehicle experienced.
I purchased a used 2013 Nissan xtrail 4WD from a private seller on 16 November 2018. Prior to purchase, I had the vehicle inspected by my mechanic, who identified a leak from the rear differential.
The vehicle was (and is) still under extended warranty so the seller took it back to Nissan to have the problem investigated and rectified within a couple days of the inspection.
When taking the vehicle back to the service centre the seller also identified a strange humming noise being made by the vehicle and made mention of this to the Nissan service centre as well.
The vehicle was inspected by the service centre and they identified a separate issue with worn bushes on the front control arms and replaced those, but did not write on the service invoice what actions were taken regarding the leak in the rear diff they were asked to inspect. (See linked screenshot of the relevant section of service invoice).
So, the seller then reported to me that it had been inspected and it was all ok, so trusting the skill of the service centre I purchased the vehicle (which was otherwise immaculate and had immaculate service history).
Then one day three and a half weeks later, after starting to hear a clunking noise, the rear differential completely breaks - a major failure.
Nissan have declined to repair it under the extended warranty stating it was not a manufacturing fault and that the vehicle was driven a substantial distance after signs indicating a problem should have been noticed - however, I noticed no signs other than a one-off clunk noise after I bought it, which did not recur until the day the diff failed.
My question is: Am I eligible to take action under the Australian consumer law against the service centre (or seller?), possibly for failure to exercise due care and skill (in inspecting and rectifying the leaky diff)?
NB: A leaking differential, if left untreated can lead to a major failure such as the one my vehicle experienced.
