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NSW Recently Purchased Car Affected by Volkswagen Scandal - What to Do?

Discussion in 'Australian Consumer Law Forum' started by love_nature, 8 October 2015.

  1. love_nature

    love_nature Member

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    I have recently purchased a Volkswagen vehicle that is affected by the recent VW emissions cheating scandal (i.e. the vehicle is fitted with the illegal software that causes discrepancies in emissions values during dynometer runs). The vehicle was purchased one day (!) before the scandal became publicly known. My main concerns are:

    1. I thought I had purchased a clean diesel vehicle with a 4-star green rating, low fuel consumption and good engine performance. Instead, I’m now left with a car that will be recalled in order to be fitted with a "technical solution", which will negatively affect fuel consumption and engine performance.

    2. The resale value of the car will now likely be significantly lower than what it would have been in the absence of the scandal. There is even talk about a possible "death of the diesel engine"...

    My question is: Can I pursue any legal avenues (i.e. Australian Consumer Law) other than class action? According to news articles, class action is likely to push for extended warranties etc, whereas I would prefer a take-back with full refund, a switch with a comparable petrol vehicle, or a cash compensation.

    Any help would be great...thanks!
     
  2. JS79

    JS79 Well-Known Member

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    Hello,

    Firstly we can't provide you with legal advice (you'll need to speak to a lawyer directly for personalised legal advice), but we can provide you with some legal information which would then enable you to decide whether you would like to pursue legal action.

    When buying a car, the supplier and/or manufacturer of the car has to abide by the consumer guarantees that is provided under the Australian Consumer Law. The supplier/manufacturer guarantees that the description of the motor vehicle is accurate.

    I have found a link that has a lot of information regarding buying cars in Australia and the sellers responsibilities under the Australian Consumer :aw:
    http://www.consumerlaw.gov.au/content/acl.../motor_vehicle_sales.pdf
    Fair Trading in NSW also has a service to resolve issues relating to car sales :
    Motor_vehicle_warranty_and_repair_disputes

    Hope this helps
     
    Tim W likes this.

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