VIC Consumer Rights on Faulty Secondhand Car?

[Clive C]

Hi,

I have recently purchased a 2005 Honda Accord with 168,000kms from a used car dealer. One week after buying, I found rain was leaking into the boot and causing mildew. I took car back and dealer said he couldn't fix it easily as it was hard to source the problem and suggested I put some sealer around rubber seal.

A few more times, water has absolutely bucketed in and seems to be possibly an issue with the back window.

What are my consumer rights / likelihood of success under Australian Consumer Law?

 

[Matthew Karakoulakis]

Hi Clive,

A car dealer is required to provide a statutory warranty if the car is less than 10 years old (you purchased a 2005 Honda Accord) and has travelled less than 160,000 kilometres (Your car has travelled more than that). Furthermore, the statutory warranty is for either three months from date of purchase or 5000 kilometres after purchase, whichever occurs first. As part of the warranty, the dealer is required to repair any defects that occur during the warranty period.

From the facts, your situation does not appear to be covered by the statutory warranty.

In the absence of the statutory warranty, a consumer still has protections provided by Australian Consumer Law (ACL).

If a product fails to meet a consumer guarantee, consumers are entitled to use their legal rights to a repair, refund or replacement under the Australian Consumer Law (ACL). Remedies for major failures are different from remedies for goods with minor problems. For goods with a major failure, consumers have a right to reject the goods and request either a refund or replacement.

The ACL describes a major failure as the following:

No consumer would have bought the goods if they had known about the problem; or
The goods purchased are not fit for purpose and cannot be easily be made fit for purpose in a reasonable time.

If you require any further assistance on this matter, please do not hesitate to contact me via the link below to arrange for an appointment to discuss your options.