QLD Second Hand Car from a Dealer - Legal Rights Regarding Warranty?

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18 October 2018

My girlfriend recently bought a ute from a second hand car dealer in QLD. We had it shipped to our house and supposedly everything was fine. They had a vehicle inspection on the car - everything came back positive, told us there were no issues with the car whatsoever.

We've had it for about 3 weeks now and we barely even used it. Like, 10-15 hours of driving time tops! Yesterday we went to her house to pick up some things. She reversed the car into the drive way and parked it there. Then when we came back and turned the car back on, she put the gearshift into drive but the car started reversing. So we tried to put it in Reverse to see what happens and it still reversed.

Then we turned the car off, tried turning it back on but the engine wouldn't even make a sound let alone start. It's an old Nissan Navara Automatic, with about 288k km on it.

About 20 minutes ago we called the dealer who acted very surprised saying that's never happened to him before, telling us to fiddle around with the gearshift and try turn it back on. Now we are in some kind of predicament. Because we were under the assumption that we had a 3 months warranty by law, however, he told us that we have to pay to get the warranty, asking my girlfriend on the phone whether his wife had told her about that or not. No, she has not. Now we have to get the car towed to a mechanic and then have it checked up.

Can someone please tell me what we should do and who has to come up for the damage?

Thank you so much for your help.