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QLD Purchased Faulty Car from Auction - What to Do?

Discussion in 'Australian Consumer Law Forum' started by NaiKoN, 9 August 2016.

  1. NaiKoN

    NaiKoN Member

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    Good evening!

    Purchased car through an auction which turned out to be with a serious mechanical issue, with price repair over 10K.

    I contacted the Office of Fair Trading and they told me that I should check an auction if the car was private or dealer owned. Basically auction was refusing to tell who was the seller but referring to the help from Fair Trading, they told me they acted on behalf of a dealer but they cannot disclose who he is.

    I am currently working with a lawyer, plus will get in contact with Office of Fair Trading tomorrow. But still I would be happy to receive as much help on this issue as possible.

    Thank you very much!
     
  2. NaiKoN

    NaiKoN Member

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    Just couple details. The car was purchased at an auction in Melbourne three months ago and then I've driven it to Queensland and registered it here. The car had a pretty high price which I thought would be more or less small guarantee that the car is free from serious issues and I was ready for minor and medium issues.

    Basically, the car is almost done, the repair will need a total rebuild of an engine and that still would not guarantee that it will last long. The car just went over 100,000 kms. Moreover, this issue is not only with my car it turns out that all VAG cars have issues with that 2.0 TFSI engine as it is had construction flaws with Pistons, PVC and chain from the beginning and there were class actions won in USA and UK. So I can also go basically against Audi as well (been told also in Fair Trade). I've read couple of stories that some win and some don't get anything.

    Just to be reassured again. Am I still protected by Consumer Law against the dealer who sold a faulty car on auction (from what I've been told in Fair and Trade, that if it is a dealer I am still protected by consumer guarantees even if it was sold on auction)? Auction refers to privacy laws and doesn't want to disclose dealer, how can I force them to disclose the name of a dealer?

    And finally, if I am protected by consumer law and I want a refund, what expenses can I claim? The cost of the car, the commission of an auction, transportation costs, registration cost, some repairs that I've done on a car already, expenses on the roadworthy certificate, oil test that confirmed dead piston rings from Audi, possible expenses on a lawyer - which of them I can claim?

    Thank you very much!
     
  3. NaiKoN

    NaiKoN Member

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    Just wanted to make correction. I was speaking with ACCC not Fair and Trade commission.

    Today I followed them up and it turns out that I don't have much against it. What they meant was that if you can prove that the problem was obvious (it is obvious with oil level falling rapidly fast and smoke coming from the exhaust and probably the dealer did compression test which should be normal when you are taking in the car) and they were withholding that information. I might have a chance.

    Would appreciate any thoughts on that matter.
     
  4. Ozwarlock67

    Ozwarlock67 Well-Known Member

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    Look, I've worked at a couple of car dealerships in my youth and car auctions are a bit of light entertainment to keep abreast of current prices.

    Auctions are rarely happy hunting grounds for the layman. The car would have been a trade-in that was deemed no fit to put in stock so it was quickly sent to auction.

    The auctioneer will give a brief appraisal of the car's condition, but is not obliged to tell all. If they employ a mechanic to make a basic check of the car, it will noted under "Engine Condition" that the engine smokes and is most likely in need of major repairs.

    It would be more trouble than it is worth to try and get someone o take the blame for this one. My suggestion is to learn from it and move on. There is no substitute for a good mechanical inspection when spending high amounts on a used car.
     

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