Hi, I've bought a motorcycle on consignment from a dealer. The bike had issues when I was taking it home. I've gone back to the dealer, and they tried to fix it, but was unsucessful, as now they say they have to open the motor and do a lot of work and I have to pay for it. I then said I wanted my money back, but that was refused by the original owner. I just want to know what can I do legally under Australian Consumer Law and ACCC to sort this matter as I paid full price for a second-hand motorcycle that has issues! Thank you.
Australian Consumer Law - Secondhand Motorcycle Nonrefundable?
- Thread starter andre neves
- Start date
G'day Andre,
The ACCC's “Motor vehicle sales and repairs: An industry guide to the Australian Consumer Law (ACL)” has some good information on this issue.
One section of the guide outlines that:
Even if a used motor vehicle sold by a licensed trader is not covered by a statutory warranty, it will still be covered by the ACL consumer guarantees.
Example:
A consumer buys a used four-wheel drive vehicle which is not covered by a statutory warranty in the state or territory where the dealer is licensed as it has travelled too many kilometres. However, it is a top-of-the-range vehicle and is only three years old, so when the motor seizes one month
after purchase, this is likely to be a failure to meet the guarantee of acceptable quality under the ACL and the supplier should provide an appropriate remedy.
You should point out to the dealer that they are legally obliged under the ACL to provide you with a motor vehicle that is of acceptable quality and works as a reasonable person would expect it to do. Whether the original owner pays is his problem, not yours.
It sounds like the dealer may not be reasonable/helpful so here's the ACCC’s “Make a Consumer Complaint” page that takes you through the steps to follow to make a complaint.
You might also find this article encouraging in that you do have some rights and protections.
Hope this helps. Let us know how you go.
The ACCC's “Motor vehicle sales and repairs: An industry guide to the Australian Consumer Law (ACL)” has some good information on this issue.
One section of the guide outlines that:
Even if a used motor vehicle sold by a licensed trader is not covered by a statutory warranty, it will still be covered by the ACL consumer guarantees.
Example:
A consumer buys a used four-wheel drive vehicle which is not covered by a statutory warranty in the state or territory where the dealer is licensed as it has travelled too many kilometres. However, it is a top-of-the-range vehicle and is only three years old, so when the motor seizes one month
after purchase, this is likely to be a failure to meet the guarantee of acceptable quality under the ACL and the supplier should provide an appropriate remedy.
You should point out to the dealer that they are legally obliged under the ACL to provide you with a motor vehicle that is of acceptable quality and works as a reasonable person would expect it to do. Whether the original owner pays is his problem, not yours.
It sounds like the dealer may not be reasonable/helpful so here's the ACCC’s “Make a Consumer Complaint” page that takes you through the steps to follow to make a complaint.
You might also find this article encouraging in that you do have some rights and protections.
Hope this helps. Let us know how you go.
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