NSW Bought a Dud Car - Am I Entitled to a Refund?

[Garrett Ristevski]

Hi all,

Would like some help on how I would go about this as I've never been in this situation.

I bought a car from a used car dealership on the 28th of December 2016. The car lasted until the 31st of December 2016. Now it is in limp home mode and has no power whatsoever. It doesn't drive as it did from when I first bought it.

I took it to a mechanic and asked what is wrong. I was told that there has to be a computer hooked up to it to void the fault code.

Now the dealer should have told me this before I bought the car. Is that correct as I would not have purchased it if I knew this was going to happen? I have been told by my mechanic that the car is unfit to drive and will only get worse until the fault is fixed.

What I'm asking is how do I go about this situation? Am I entitled a refund or vehicle replacement under Australian Consumer Law?

Any help would be much appreciated.

Thank you

 

[Sophea]

Hi Garrett,

Since this was a purchase from a dealer the transaction is covered by Australian Consumer Law. These laws create statutory warranties of acceptable quality and fitness for purpose which apply to all sales. Generally in this situation, you can return the car to the dealer and they are required by law to fix it.

If they can't, you may be able to take them to NCAT and have them take back the car and refund your money and any costs. First step, though, is to go back to dealer and raise the issue with them and give them the opportunity to fix it. Let them know that you know your rights under the ACL.

Here is an article with a bit more info: https://www.lawanswers.com.au/blog/faulty-second-hand-car-your-options-as-a-buyer/