NSW Lemon Car from Dealership - Covered Under Australian Consumer Law?

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Joey Q

Member
7 January 2017
1
0
1
Hi there,

I just purchased a used vehicle from a dealership in Sydney. It's a 96 Delica. I just moved here a week ago from Canada and didn't think I needed a pre-purchase inspection as it was from a dealership (my mistake). At the time of purchase, I was told it had no issues.

I checked and the aircon was not blowing - he told me it just needed a regas. I took it for a test drive and one of the lockers when I put 4x4 on was clicking - they told me it was a faulty locker but the 4x4 worked without them. No other issues was noted other than I thought the tires were a little bald.

I've had it for 5 days, and so far it chugs when accelerating (could indicate a pretty bad issue), I bought it in for a regas and was told the compressor was finished (2000$ to fix), the 4x4 in fact doesn't work at all, and there is actually chunks missing out of my tires on the inside (that I hadn't seen on purchase).

So, I'm curious what approach I should take to see if I can return this lemon car. Am I covered under the Australian Consumer Law? Or do I need to bring it to a shop to diagnose whether it's a 'major problem' - as I'm assuming this chugging isn't going to be good.

Also, how does it stand with the Aircon issue? I knew it wasn't functioning - but he had me believe it was a quick fix. Same issues with the 4x4 - I knew the locker wasn't engaging on the one side, but not that the 4x4 didn't work at all.

Is there a timeline/kms before it's too late? What should my first step be (obviously talk to the dealer) - but should I ask for a refund immediately, or for a fix, etc...

Thanks!
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Joey,

It sounds like you have grounds for recourse under Australian Consumer law you. The point being, that you wouldn't have bought the vehicle if you have of know about the defects and yes they sound like major defects. You may need a report to prove it.

The following blog post will give you some more information. https://www.lawanswers.com.au/blog/lemon-car-what-you-can-do-under-australian-consumer-law/

And you were led to believe the air-conditioning needed re-gassing not that it needed a $2000 compressor so that fits under the definition of major defect. A defect that if it was known would have stopped a reasonable person from buying the car.