Hi,
I am currently researching as to what my rights are after having purchased a potentially "Lemon Car" from an NSW car dealer. I was directed to this forum after reading the following article:
Lemon Car? What You Can Do Under Australian Consumer Law - Legal Blog - LawAnswers.com.au
My situation is as follows -
The following day I went to my local mechanic and have been guaranteed a much lower price than Holden (this is currently in negotiation for quote). This mechanic has also stated that the car is not road worthy and also stated that the brake discs and pads are in terrible condition and need immediate replacement. I was informed that I would be defected by police for my issues if pulled over.
The car has become very 'clanky' with having driven it under 80kms only to and from mechanics and service centre. It feels and sounds as if the engine is going to fall out from under me and there are progressively louder clanks at all 4 wheels.
The contract I signed with the dealer states:
"This vehicle has no dealer guarantee under the Motor Dealers and Repairers Act 2013
The dealer is not required by the Act to repair or make good any defect which may exist or occur in this vehicle. A current inspection report for the motor vehicle is attached to this form"
Note: This vehicle comes with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."
So, my question is - what am I entitled to have the dealer repair? Am I protected by Australian Consumer Law for any of the defects?
I assume that reasonable wear and tear for age is acceptable, but I assume that defects on the car are not acceptable?
I look forward to a response.
I am currently researching as to what my rights are after having purchased a potentially "Lemon Car" from an NSW car dealer. I was directed to this forum after reading the following article:
Lemon Car? What You Can Do Under Australian Consumer Law - Legal Blog - LawAnswers.com.au
My situation is as follows -
- 2 days ago I purchased a VX Commodore for $3100 with 184000 km. I was, of course, told before purchasing that "it is a very good car and roadworthy".
- I was given a 6 month Pink Slip with a "pass" issued for the vehicle the day before purchase.
- I received a 12-month warranty from 'National Warranty Company
- The mechanic changed the catalytic converter for me as there was a major rattle during the first inspection
- Engine mounts need immediate replacing
- 2 Rear tyeares are gone
- Rocker cover, valley gaskets and rear main seal are badly leaking engine oil
- Wheel alignment
- Both rear shock absorbers need replacing
- Passenger side drives shaft
- Steering rack
- Front brake pads and discs need replacing
- Rear brake discs need replacing
- Power steering high-pressure hose
- Sump plug badly damaged
- One headlight is out
The following day I went to my local mechanic and have been guaranteed a much lower price than Holden (this is currently in negotiation for quote). This mechanic has also stated that the car is not road worthy and also stated that the brake discs and pads are in terrible condition and need immediate replacement. I was informed that I would be defected by police for my issues if pulled over.
The car has become very 'clanky' with having driven it under 80kms only to and from mechanics and service centre. It feels and sounds as if the engine is going to fall out from under me and there are progressively louder clanks at all 4 wheels.
The contract I signed with the dealer states:
"This vehicle has no dealer guarantee under the Motor Dealers and Repairers Act 2013
The dealer is not required by the Act to repair or make good any defect which may exist or occur in this vehicle. A current inspection report for the motor vehicle is attached to this form"
Note: This vehicle comes with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."
So, my question is - what am I entitled to have the dealer repair? Am I protected by Australian Consumer Law for any of the defects?
I assume that reasonable wear and tear for age is acceptable, but I assume that defects on the car are not acceptable?
I look forward to a response.