VIC Power Steering Failure on Used Car - Refund?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
7 July 2017
I bought a 2012 Ford Kuga from a used car dealer. I noticed that the power steering fails every time you turn the car on for the first 5-10 minutes of driving. This feels very unsafe to drive. I rang the dealer who told me to take it to the Ford service centre to get them to diagnose the problem. Ford advised that there is a power steering failure but it could be caused by a number of things. They suggested replacing the steering pump and something else.

The dealer I purchased it from doesn't want to pay for two parts to be replaced when Ford isn't sure which is the problem. He has asked Ford to drain the power steering fluid and replace it in the 'hopes' this will fix the problem. I am not happy that the car I just purchased is unsafe to drive and that there is no clear answer to what is wrong with the car or when it will be fixed.

Can I ask the dealer to refund my money?

Matthew Karakoulakis

Well-Known Member
27 October 2016
Hi Stephenie,

When was the car purchased and how many kilometres has the car travelled?

The answer to above would help determine if your situation is covered by statutory warranty. A car dealer is required to provide statutory warranty if the car is less than 10 years old (you purchased a 2012 Ford Kuga) and has travelled less than 160,000 kilometres (would need information on that). Furthermore, the statutory warranty is for either three months from date of purchase or 5000 kilometres after purchase, whichever occurs first. As part of the warranty, the dealer is required to repair any defects that occur during the warranty period.

After the expiration of statutory warranty, a consumer still has protections provided by Australian Consumer Law (ACL). Further, it is possible for ask for refund under ACL if the vehicle has major defect. Unsafe vehicle can be classified as vehicle with major defect.

Feel free to contact AMK Law on Matthew Karakoulakis, Lawyer, AMK Law - Melbourne, VIC - LawTap - Find a Lawyer & Book Online Instantly to arrange a time to discuss your situation.


16 July 2017
Hi i have similar problem with my Mercedes benz 250 c class cdi ...So i purchased 3 months ago from one of rhe dealership in Marrickville old timer and starting to get huge issues with particular i dont know much about those cars i feel like i get ripped off in many ways... they gave me 5000 km or 3 months free service or if there is something wrong with the car but unfortunately i passed 5000 km and it was to late to do it anything for free....they sent me to some car mechanics to fix the problem and cost me 800 dollars so they can clean a bit filter cos it wasn't much power like it use to be....this kind of thing is happening now more often to me.... what is the best solution to do regarding this car? Is there any chance i can do something about it or i have to always fix my self and send so much money on the same things? Please help me if you understand my msg thanks...