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Call consumer affairs...... and find out exactly what you can do.

did the car come with a "statutory warranty" or a dealer specific?

Best bet of returning the car( if that is your plan) is to go along the lines of advertising it to do something where it doesnt..... EG- Airconditioning.

said it has airconditioning but it doesnt.

bronson.

Edited by Bronno!

Call consumer affairs...... and find out exactly what you can do.

did the car come with a "statutory warranty" or a dealer specific?

It's over 10 years old, and therefore it doesn't come with a stat warranty I believe.

It would be a third party extended warranty.

There's no Statutory Warranty on a car this age. CA can try to pressure them but thats it. I have learned the hard way, bought a car and 1 week later the ecu blew up and they wouldn't do anything. They said I should have bought the extended warranty.....

It has an extended warranty but every car also comes with a normal warranty from himself.

oh ok, if you say so.

so why are you asking us? Make him fix it all under the warranty then! problem solved.

I don't think you understand why I'm asking for help. The car was previously fixed poorly and he's saying I have no choice but to get the car fixed by the same person who done the poor job last time. And I want to know what I can do about this. Yes I did ask about the air con because he said the car had it but it didn't. I will obviously try to make him pay for that just asking to make sure if I can. I'm new to the car scene, I just wanted help from experienced people like your self. Some times I have trouble getting my point across.

and we have told you what to do...

He has first right to fix any issues any way he wants. You are lucky he will even discuss it with you and admit to anything.

Let him fix it, if it's not done, then make him fix it again and again and again. Thats what warranty means unless it says you have choice of repairer.

Read all your warranty info thoroughly and know it like the back of your hand.

If you want legal advice contact consumer affairs.

Don't go making threats or being an ass to the dealer and don't mention your are seeking legal advice yet.. a) He will get pissed off and mess you around, b) it may be an innocent mistake and may be fixed properly if given the chance.

Im not sure what answer you are seeking but from what i can see you are obliged to take the car back to the same dealer/mechanic for repairs, if its not repaired properly then take it back again, im sure he will do the job correctly EVENTUALLYas it costs the dealer to have the mechanic constantly repair the car, as for the aircon then consumer affairs will be your next call if the dealer refuses to fix it, get the refusal in writing if you can along with warranty details etc and present the original documents to consumer affairs

if this doesnt answer your question then someone else may have to step in

I now understand, sorry I am still learning. You have all answered every thing I need to know now, I will read threw all my warranty paperwork tomorrow. I just wanted it to be fixed properly but as you said it cost him money, so if he dosent fix it properly this time it will cost him more in the long run because I will have to go back again. Thanks for the help!

All used cars bought from a dealer carry a 3 month statutory warranty. They can't get out of that - it's a legal obligation. This means they have to fix these issues free of charge (although I'm not 100% certain whether that extends to minor oil leaks and weeps)

As for the A/C - he's pushing his luck with that one. You should def get in touch with consumer affairs, and get him shut down. Dodgy kents like that should all be shot. He's obviously been taking you for a ride.

  • Like 1

All used cars bought from a dealer carry a 3 month statutory warranty. They can't get out of that - it's a legal obligation. This means they have to fix these issues free of charge (although I'm not 100% certain whether that extends to minor oil leaks and weeps)

As for the A/C - he's pushing his luck with that one. You should def get in touch with consumer affairs, and get him shut down. Dodgy kents like that should all be shot. He's obviously been taking you for a ride.

This is a copy paste from nsw fair trading. I don't know if qld is different.

The Motor Dealers Act provides a statutory warranty of 3 months or 5,000 km from the date of sale (whichever occurs first) on second-hand vehicles, which includes demonstrator vehicles, that have travelled less than 160,000 km and are less than 10 years old (from the date the vehicle was built).

Well there's something I didn't know, Alex

Very quick google on QLD stat warranty shows this:


Statutory warranty periods

Used cars can have one of two statutory warranty periods, depending on the vehicle´s age and odometer reading:

  • Class A warranty: when the odometer reading is fewer than 160 000 kilometres, and the car was manufactured fewer than 10 years before the sale date, the warranty is three months or 5000 kilometres, whichever happens first
  • Class B warranty: when the odometer reading is 160 000 kilometres or more, or the car was manufactured 10 years or more before the sale date, the warranty is one month or 1000 kilometres, whichever happens first.


So by that, regardless of age the car is covered for 1 month or 1000km. Note if you've brought these issues to the attention of the seller within this time, and the time / km expire after that point, I believe you are still covered by the stat warranty.

Note there are some exclusions where the stat warranty doesn't apply (check the website here) but in that case they need to clearly advise you that the car is sold without stat warranty.

Edit: reading that website, the stat warranty (class B) doesn't cover air conditioning. However, if he advertised it with air con, and it isn't even fitted, then this has nothing to do with stat warranty and he needs to bring the car to the condition stated in his ad.

Edited by warps

who goes out and spends everything they have on a car and leaves no money to fix minor issues they may across?

if you cant pay $300 to fix some gaskets, whats gona happen when you get a major problem?

who believes everything a dealer says about a car? would you still have bought it if he told you about the leaks and how they were fixed?

also can nearly be 100% certain that it has a lot more than the 103000kms it says it has

I have money to spend on it, but I shouldn't have to. I spoke tote mechanic who fixed the car and he said the fix he made was a quick fix because the dealer just wanted it to be ok for sale and didn't have time to order proper gaskets to he's fixing the problem!

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