NSW What to Do With Faulty Car Under Australian Consumer Law?

[Marcel Martin]

Hi,

One week ago, I bought a car. The coolant light was on but the owner told me he will get it fixed by the next day because it might be because of the new fan.

So as I saw the car the next day and ask about the coolant, the owner told me that it was a setup issue because of the new fan. The light was gone...

Anyway, I drove the car 2 days and the light came up again and as I had a look, I had to refill coolant. This happened two times so I called the garage and they think there is a leak in the engine which might cost me 1.5 - 2 Grand.

What can I do under Australian Consumer Law? Can I actually do something?

Please let me know. I really appreciate your help!

Cheers

 

[Sophea]

Did you buy from a dealer or through a private seller? If it was private seller Australian Consumer Law doesn't apply. If it was a dealer, they are required to warrant that any vehicle they sell (used or new) is of acceptable quality. The test for whether a vehicle is of "acceptable quality" is whether a reasonable consumer, fully aware of the vehicle’s condition (including any defects) would find it:

> fit for all the purposes for which vehicles of that kind are commonly supplied
> acceptable in appearance and finish
> free from defects
> safe
> durable.

This would take into account the nature of the vehicle (new, old, second hand) whether its high performance, 4WD, for off road purposes, etc.

If the vehicle is determined by a court not to be of acceptable quality, then this would amount to a failure to adhere to the Australian Consumer Law guarantees. This would entitle you as the customer to either have the defect repaired or to a refund, depending on whether the failure is considered to be minor or major.

Check this out: https://www.accc.gov.au/system/files/Motor vehicle sales & repairs - an industry guide to the Australian Consumer Law.pdf

 

[Marcel Martin]

Hey, thank you for your answer! No it was't a dealer. It was a private seller. So I can't do anything?!

 

[Sophea]

The only thing you may be able to rely on is misleading and deceptive conduct at common law or other contractual law principles. However you would need to be able to prove that the seller somehow deceived you as to the true quality or nature of the vehicle. Otherwise the "buyer beware" principle applies to private sales.