VIC Statutory warranty, motor car traders

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Nigel1987

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13 May 2020
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I bought a second hand car from a dealership it was built in 2010
The dealer has ticked No, for (not covered by a statutory warranty under section 54 of the motor car traders act 1986.
My car was built August 2010.
Does being covered by warranty refer to year of build or month and year? Cause really my car is not 10 years old yet.

Can someone please explain or help me to figure this section out in my warranty, should it of been ticked as a yes? Due to my car not yet being 10 years old
 

Rob Legat - SBPL

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That section of the Act states that it applies where the car:
(a) Is less than 10 years old; and
(b) Has done less than 160,000km.

How many kilometres has the car done? If it's 160,000 or more, the section does not apply (because the car must meet both criteria).
 
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Rob Legat - SBPL

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There are a few other circumstances where the warranty may not apply - such as:
(a) Where the car is a commercial vehicle;
(b) Where it is sold at public auction;
(c) Where you've already had the car for three months immediately before purchasing it; and
(d) Where a notice is given alerting as to an excluded defect (section 55 notice) - the warranty doesn't apply to that defect.

If it doesn't fall under an exemption, the warranty should apply. It goes on month and year stamped on the compliance plate as the build date (August 2010, as you've stated). If there's no day of the month specified, it's the first of the month (i.e. it should be covered until the end of 31 July 2020, or 159,999.999 km - whichever comes first).

Section 56 provides that any attempt to limit or modify the application of the warranty (outside the terms of the act so far as exemptions and limitations) is void - meaning you can ignore it.

If you do have a warranty claim, I'd suggest asking why they think the warranty doesn't apply. Refer them to the requirements (particularly section 56) if they simply reply that the box is ticked.

The warranty lasts for the shorter of three months/5000kms. If you're outside that, the situation is really academic.
 
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Nigel1987

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13 May 2020
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Can the car dealer refuse to cover the cost of repairs if it's not his specified mechanical shop?
 

Rob Legat - SBPL

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Sometimes. Under the statutory warranty you must give the dealer a reasonable opportunity to meet the warranty obligations (i.e. get it repaired) before you can ask someone else to do it. If you fail to do so, you may lose your coverage.

If the dealer refuses to repair, or fails to repair it within a reasonable time in the circumstances, then you can take it to an independent repairer and then claim the reasonable cost of doing so (this includes the repairs and associated costs such as towing).
 
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Nigel1987

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13 May 2020
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Ok today the car went to the mechanic, he said the bonnet was a little loose and he tightened some bolts on the manifold and that he can not hear any more noise, but the noise is still there! I rang the mechanic back and he has said it's probably wind coming off my tyres, I know it's not though, what do you think I should do now? I've given the dealer a chance to fix the noises and his mechanic said he can't hear any noise. I'm now not sure what I should do
 

Rob Legat - SBPL

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Depends on the noise. If it's just a 'body rattle' type thing, you're out of luck - that happens to every car and isn't covered by warranty. If it's a more serious noise, and you've raised the issue but the dealer refuses/fails to repair - see my previous post.