QLD Reasonable Amount of Time to Wait for Car Repair?

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PeteG

Member
4 July 2017
3
0
1
Hi there,

I own a 2016 Kia Sportage which I bought in February of 2017. In May of 2017, the vehicle started having shuddering issues. I took the vehicle in for a service to sort the issue out. When I picked up the vehicle, I was told that my model of sportage had a known shuddering issue and that a "temporary software" fix was applied to my vehicle and to contact them if I had any further issues.

The next day the car was still shuddering so I called the Eagers Kia service centre back to advise them and I was told there was nothing they could do until they recieved the proper full software fix from Kia Korea...they could not give me a timeline as to when that update would arrive. Fast forward to June 21st and the software update had arrived from Kia Korea and was installed.

4 days later the vehicle started shuddering again. I was told by my case manager the following day that they would have to contact the Australian engineers and get back to me. They didn't get back to me after a few days so I called back and was told the same thing again .. that they needed to discuss it with their engineers and they would get back to me. Another 2 days went by and no contact so I tried to call them this morning only to be told that my case manager was off sick and I would have to continue to wait... I've been waiting for well over 2 months now.

So my question is: How long is a "reasonable" amount of time to fix a nearly new vehicle?
 

Matthew Karakoulakis

Well-Known Member
27 October 2016
69
13
224
Hi PeteG

Your question is a good one. What is “reasonable” is often difficult to establish. I refer you to s 54 of the Australian Consumer Law, which is a good place to start when trying to figure out what guarantees you have, specifically in your situation, s 54(2)(c), which states that there is a guarantee that goods are free from defects.

To answer your question about a “reasonable” time, you might find page 10 of the following article by the ACCC helpful (see “Inability to repair within a reasonable time”).
https://www.accc.gov.au/system/files/Motor vehicle sales & repairs - an industry guide to the Austalian Consumer Law.DOC

If you require any further assistance on this matter, please do not hesitate to contact me via the link below to arrange for an appointment to discuss your options.
Matthew Karakoulakis, Melbourne Lawyer: Book Online
 
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PeteG

Member
4 July 2017
3
0
1
Hi PeteG

Your question is a good one. What is “reasonable” is often difficult to establish. I refer you to s 54 of the Australian Consumer Law, which is a good place to start when trying to figure out what guarantees you have, specifically in your situation, s 54(2)(c), which states that there is a guarantee that goods are free from defects.

To answer your question about a “reasonable” time, you might find page 10 of the following article by the ACCC helpful (see “Inability to repair within a reasonable time”).
https://www.accc.gov.au/system/files/Motor vehicle sales & repairs - an industry guide to the Austalian Consumer Law.DOC

If you require any further assistance on this matter, please do not hesitate to contact me via the link below or at [email protected] to arrange for an appointment to discuss your options.
Matthew Karakoulakis, Melbourne Lawyer: Book Online

Thank you for your reply Matthew,

Shortly after posting this Kia has offered to replace the vehicle...however they initially only offered to replace the vehicle with a petrol version of the same car which isn't real wheel drive our current sportage is.

So when they called back I advised them that this wasn't a like for like replacement. There is a 2017 ( newer model ) of my same sportage but they don't want to give me one as they are worried about the possibility of me having the same dramas.

I find this odd because if they are that worried about the vehicle they should recall it for everyone not just me. So the option of a higher end GT petrol sportage was discussed but that model being petrol would increase our petrol bills dramatically. This is why we bought a diesel in the first place .. for better fuel economy.

Anyway... I am waiting to hear back from Kia regarding my options .. but I certainly won't be accepting a replacement vehicle that's not as good as what I originally had. I'll let you know what happens next.
 
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nathan lemire

Active Member
7 July 2017
5
0
31
More than a month is long enough. I would take it back to the dealer, advise them if it is not fixed you will reject the vehicle under Australian Consumer Law. Make sure that repairs from here on are all under warranty and no cost to you. Be sure to have a record of your issues with the car on the repair orders, tell them to be put on the record if they omit it.

If the repairs still don't work officially reject the vehicle, state it fails to meet acceptable quality and is not free from defects. Car dealers are horrendous at settling these issues so be very assertive with them on your rights.
 

PeteG

Member
4 July 2017
3
0
1
more than a month is long enough, I would take it back to the dealer advise them if it is not fixed you will reject the vehicle under ACL. Make sure that and repairs from here on are all under warranty and no cost to you. be sure to have a record of your issues with the car on the repair orders, tell them to be put on the record if they omit it. If the repairs still don't work officially reject the vehicle state it fails to meet and acceptable quality and is not free from defects. Car dealers are horrendous at settling these issues so be very assertive with them on your rights.

I'm actually no longer dealing with the dealer... I've been dealing with Kia head office and I have a case manager and all of that but yeah... just waiting to hear back about the replacement vehicle they are going to give me.
 

nathan lemire

Active Member
7 July 2017
5
0
31
I'm actually no longer dealing with the dealer .. I've been dealing with Kia head office and I have a case manager and all of that but yeah .. just waiting to hear back about the replacement vehicle they are going to give me.
Don't let them play that game under consumer law. It is the supplier not the manufacturer who holds most responsibility for your automatic consumer guarantee. Take it to the dealer, say fix it or I will reject it and you need to replace or refund me. And it is you who determines if it is refunded or replaced.