NSW Used Car Purchase Mercedes

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Usedcar01

Active Member
11 September 2019
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0
31
Hi, looking for advice.
We purchased a Used Car from a reputable and well respected Brand (or so we thought).We live in Sydney and the vehicle came from Interstate. The vehicle is a 2015 and was advertised with 32,219km's on the odometer. We bought the vehicle with finance and it was delivered to us on 23rd august 2019. The dealer who drove the vehicle to use assured us should anything happen to the car on the drive, it was the dealer's responsibility.
the interstate drive to us was about 400kms.
A week later on the 31st August due to rideshare rules, we were required to get a roadworthy certificate (Pink Slip) for the car. We took it to a local mechanic and paid $42 for the inspection. The vehicle failed the roadworthy and the mechanic would not issue a roadworthy certificate. His reason was that the two back tyres were below the legal tread depth. We had the car for a week and by my calculation had travelled 281 km's only. We have had two other inspections both saying the car wouldn't pass roadworthy, plus we have a letter from another local dealer (same brand) saying the tread is below legal requirement and won't pass inspection.

We have been in touch with the dealer who sold us the vehicle and he has said he is unable to assist us because of the following
- I am disappointed because there is possible wear and tear on the vehicle
- the car was delivered in a roadworthy condition
- we have driven over 1000 km's (he didn't take into account the interstate drive)
- we paid for a pink slip but nothing was issued
- and at no point during the sale or contract signing did we ask about the tyres.

Their inspection was done on 19/08/2019. How does a car go from having 5 mm tread on all 4 tyres (middle) - this is according to their report to being deemed unroadworthy on 31/08/2019 and we drove 281 km's.

We are in an argument with the dealer, we have complained to the Head Office but they refer the complaint back to the dealer to respond and he can drag this out as long as he likes.

what are our rights and what should we be doing? this is two weeks of aggravation now and I feel it is going to carry on for ages!
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,574
693
2,894
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You bought the car interstate?
With, or without, a warranty from that state?
 

Scruff

Well-Known Member
25 July 2018
817
126
2,389
NSW
First, find out which government agency issues mechanic's licences in the state where the dealer is located.
Tell the dealer that you have (whatever documents you have) that state that the vehicle is not roadworthy.
Demand that the dealer arrange and pay for new tyres to be fitted.
Give a deadline for this to be done - I would say no more than 10 business days.

Tell the dealer that if they do not comply by the specified date, that you will, without any further notice to the dealer, report them to the government agency for falsifying the RWC.
 

Usedcar01

Active Member
11 September 2019
5
0
31
The car came with two year warranty

The dealer is ignoring all evidence showing the car is unroadworthy and I demanded the car be fixed by tomorrow. He’s ignored this and told me the matter is closed

This afternoon I reported his business to the department of fair trading and also to service nsw

It’s. Mercedes dealer and Mercedes HO sided with him over the report from a local Mercedes dealer stating the tyre tread won’t meet rms standards. He’s a pig of a man and the woman at head office is useless

Dealer is located in NSW as are we
 

Scruff

Well-Known Member
25 July 2018
817
126
2,389
NSW
If you have it writing from the local Merc dealer that it's not roadworthy, then I'd say you're looking pretty good. Nothing worse than one of their own dealers contradicting them.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,574
693
2,894
Sydney
The car came with two year warranty
No. Those are actually an insurance policy, even though they call them a warranty.
Did you buy the Car on Form 4, or on Form 5?
The dealer is ignoring all evidence showing the car is unroadworthy and I demanded the car be fixed by tomorrow. He’s ignored this and told me the matter is closed
Are the tyres the only defect?
 

Usedcar01

Active Member
11 September 2019
5
0
31
If you have it writing from the local Merc dealer that it's not roadworthy, then I'd say you're looking pretty good. Nothing worse than one of their own dealers contradicting them.
He’s completely ignored that and so did the useless chick at HO!!!

I think we will be fine but now it’s a much longer process!!!
 

Scruff

Well-Known Member
25 July 2018
817
126
2,389
NSW
He’s completely ignored that and so did the useless chick at HO!!!
Yeah, I gathered that, but Fair Trading definately won't ignore it. That's what I meant by you're looking pretty good.
 

Serge Gorval

Well-Known Member
LawTap Verified
2 November 2015
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Sydney
lawtap.com
couple of points;
you are surely covered by the Dealer warranty ? are they refusing liability "
there is also the Motor Dealer Fund for which you can claim however this surely is something that can be resolved through a statement of claim either under warranty, Misleading Deceptive conduct;
what do you want to achieve ? your money back return of the car or damages/ perhaps both ?