NSW Australian Consumer Law - Who is Liable to Fix Car?

[Mie]

Hi,

I just bought a second-hand car for $5,980 from a used car dealership last week, 14 Feb 2017. It is a 2002 Honda Jazz, odometer 100,493 km, with 1 year warranty of National Warranty Company, and I drove it from the yard to my house for only 47 km.

And just the next day (15 Feb 2017), the car engine didn't start so I called the dealer to check it but he said that he could do nothing. Fortunately, the car was started when I tried again today and the next day (16 Feb) so I thought it was because of a flat battery.

But it didn't start again on the next day (17 Feb) so I called roadside assistance to try a jump starter and then the mechanic found that the reason is not battery but the engine.

So I called the dealer again to report the problem and asked to check it but he said that the car didn't have any problem while it was his yard and he could do nothing. And he suggested to call National Warranty to fix it and he said maybe the problem is the immobilizer.

I think the car is not an "acceptable quality" under the Australian Consumer Law, so he should check and fix it in this case not the warranty company, am I right?

 

[robert70]

Hi,

I had the same problem but the dealer has to fix it.don't trust that national warranty company. Scammers like the dealer.how much did the dealer charge you for warranty?

Mine was $1000 which dealer lied about saying 5 yeaes and he ticked 36 moths in the book. National Warranty Company knocked me back for a new engine so I'm taking the dealer and the warranty company to Fair Trading and also ACCC.

I also contacted Financial Ombudsman Service to get my $1000 back from National Warranty Company.

Any problems contact all 3 government departments?

Thanks

 

[Mie]

Hi Robert, thank you for your replying.

Now, I feel my case is little bit tricky because when I asked the dealer discount, he offered two options like;

- Price is still $5,980 but give $500 warranty (Plan B) for free
- No warranty so he give $500 discount (the price is $5,480)

So I decided the former.

I've already lodged a claim on Fair trading for full refund though I don't know "Full refund" means $5,980 or $5,480.

 

[Tim W]

Was the vehicle sold on Form 4 of Form 5?

 

[robert70]

Hi Robert, thank you for your replying.

Now, I feel my case is little bit tricky because when I asked the dealer discount, he offered two options like;

- Price is still $5,980 but give $500 warranty (Plan B) for free
- No warranty so he give $500 discount (the price is $5,480)

So I decided the former.

I've already lodged a claim on Fair trading for full refund though I don't know "Full refund" means $5,980 or $5,480.

Hi,

I'm not sure.Let's hope we both get compensated.

 

[Mie]

Hi Robert, thank you for your replying.

Now, I feel my case is little bit tricky because when I asked the dealer discount, he offered two options like;

- Price is still $5,980 but give $500 warranty (Plan B) for free
- No warranty so he give $500 discount (the price is $5,480)

So I decided the former.

I've already lodged a claim on Fair trading for full refund though I don't know "Full refund" means $5,980 or $5,480.

Hi, It's Form5.

 

[Mie]

Hi,

I'm not sure.Let's hope we both get compensated.

Your post was very helpful anyway, thanks!

 

[Tim W]

What does it say about dealer warranty/ guarantee
(forget the National Warranty thing) ?

 

[Mie]

What does it say about dealer warranty/ guarantee
(forget the National Warranty thing) ?

"This vehicle has no dealer guarantee under the Motor Dealers and Repairers Act 2013."

 

[Tim W]

...but he said that he could do nothing.

His statement is not the truth.
A dealer can choose to make a repair at any time.
So they can't say "can't do anything" in the sense that they are barred from helping you.
They are free to help you if they want.

What does not exist, by virtue of being sold on Form 5, is a duty to make repairs - that is, a "warranty" in the way most people understand it for used cars.

The use of Form 5 does not negate the operation of the Australian Consumer Law.

Have you seen this page?

Lastly - have a look in the car's manual. See if you can find how to disable the immobilizer and/or the alarm (there is usually a key switch somewhere in the vehicle).

One other thing - if you go and get it fixed at a mechanic of your own choosing, you can't just turn up at the dealership with the bill and expect them to pay it.