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QLD Problems with New Car - What to Do?

Discussion in 'Australian Consumer Law Forum' started by antoine, 8 November 2014.

  1. antoine

    antoine Member

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    Purchased a new car and now I have a problem with stains on roof of the car. We returned the car and the car company doesn't want to do anything. After a few days of purchasing this car, I had to replace the battery.
    What's your advice under Australian Consumer Law for my problem?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Antoine,

    A few questions:

    1. Did you purchase the car from a authorised dealer/business or from a private individual?
    2. If from a dealer/business, are they located in Australia?
    3. When did you make the purchase?
     
  3. antoine

    antoine Member

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    My new car is Nissan pulsar and the car dealer is
    Nissan Springwood Qld 4127
    purchased on 14/10/2014
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Antoine,

    Given that you purchased the car from a business (car dealer) after 2011/2, you will come under the protection of the Australian Consumer Law ("ACL").

    Under the ACL, there are statutory guarantees (sometimes known as consumer guarantees) implied into every contract between a consumer (yourself) and a company (the car dealership). The relevant guarantees in your case are (ACL s 54):

    - Car is of acceptable quality;
    - Car is free from defects; and
    - Car satisfies durability standards.

    For a new car, you would expect that you would not need to replace the battery or do extra servicing within the first few years, definitely not within the first year. Hence, it would appear the dealer has breached these implied guarantees and would be liable to pay for any repairs or refund. I would recommend getting a quote by going to a few mechanics and asking how long they would expect the battery to last for in new cars. Getting the advice of other dealers would also help. This is so you have a better idea of what is a reasonable time frame for the durability standard.

    If the dealer is still not willing to assist you, you can contact the Australian Competition and Consumer Commission (department that looks after the ACL) and lodge a complaint. In most cases, they are able to assist in the resolution of such disputes.

    If you want further information, take a look at these links:

    - Warranties in general: http://www.accc.gov.au/consumers/consumer-rights-guarantees/warranties
    - Statutory guarantees under ACL: http://www.accc.gov.au/business/treating-customers-fairly/consumers-rights-obligations
     

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