WA Purchased Expensive Car from Dealer with Major Defect

[ablejohnsun]

I purchased a used car from a dealer in NSW in late December 2014. Since the purchase, I have attempted to repair a major problem with the car that renders the vehicle undriveable. The vehicle leaks fumes into the cab and makes occupants ill.The vehicle has been to two registered repair house for a total of 5 visits. The problem has been diagnosed as irreparable This outcome has just come to light after constant attempts to repair the problem from the initial purchase.The Dealer was of no real help and abrasive in the first instance.

Believing the problem could be remedied, I continued to try to find and repair the problem at my cost. During the course of seeking a repair the vehicle ran out of warranty. From the day of purchase to this point in time the vehicle has been emitting toxic fumes making undriveable. I have a paper trail of correspondence and invoices from the outset. The vehicle cost $49000.00.

I believe the dealer new of the problem prior to sale. The vehicle cannot be used,or repaired. What can I do under Australian consumer law?

 

[Tracy B]

Hi,

Is the dealer a business or a private seller? If a business, you should be protected under Australian Consumer Law.

To better understand your rights in ACL, have a read of:

• "Faulty second hand car? Your options as a buyer"
• "Lemon car? What you can do under Australian Consumer Law"
• "Guarantees: how they can protect you"
• "Consumer protection: what to do if your guarantees have been breached"

Hope these resources help.

 

[Ivy]

Hi there,

As @Tracy B indicated, your car purchase from a motor dealer is covered by Australian Consumer Law Guarantees. You can find them in Tracy's first link "Faulty second hand car? Your options as a buyer". From the information you have given, the dealer has breached the guarantee that the vehicle is of acceptable quality.

As a first step you should contact the WA Department of Commerce on 1300 304 054 (webpage: Shopping | Department of Commerce The Department should be able to help you, however depending on how happy you are with their assistance, you may also want to consider engaging a solicitor to help you draft a letter of demand to the dealer and to take the matter further if necessary.

 

[ablejohnsun]

Hi there,

As @Tracy B indicated, your car purchase from a motor dealer is covered by Australian Consumer Law Guarantees. You can find them in Tracy's first link "Faulty second hand car? Your options as a buyer". From the information you have given, the dealer has breached the guarantee that the vehicle is of acceptable quality.

As a first step you should contact the WA Department of Commerce on 1300 304 054 (webpage: Shopping | Department of Commerce The Department should be able to help you, however depending on how happy you are with their assistance, you may also want to consider engaging a solicitor to help you draft a letter of demand to the dealer and to take the matter further if necessary.

Hi Ivy
Thanks for your advice. I have forwarded all relevent details to FairTrading NSW. They have provided a Ref No and are assessing my case. I will see how my case develops and react accordingly. I may find myself needing a solicitor in order to facilitate an outcome. Thanks again.Any suggestions with solicitors?

 

[ablejohnsun]

Hi,

Is the dealer a business or a private seller? If a business, you should be protected under Australian Consumer Law.

To better understand your rights in ACL, have a read of:

• "Faulty second hand car? Your options as a buyer"
• "Lemon car? What you can do under Australian Consumer Law"
• "Guarantees: how they can protect you"
• "Consumer protection: what to do if your guarantees have been breached"

Hope these resources help.

Thanks Tracy
Appreciate your advice and refs.

 

[Ivy]

Hi again,

Happy to help. You can fill out your details on the Law Answers form if you like, and you will receive a referral to a lawyer near you: Get Connected with the Right Lawyer for You