VIC Get Australian Consumer Law Action Against Dealer for Defective Car?

[Matt9893]

Hey guys,

My girlfriend purchased a car today from a car yard in Melbourne. The car was paid for in cash today and has a roadworthy, is registered, and was sold to her with the promise that it would not have any issues.


10 mins down the road, it dies. Turns out it's a blown head gasket and the water mixed in with the engine oil. This and numerous other small problems with the car would bring in a bill of over $3000 just to get it back on the road.

I want to confront the salesman and threaten legal action under Australian Consumer Law unless the car is repaired free of cost or the money it was purchased for is returned in full.

I'm just so annoyed that they would sell such an unsafe and unreliable car to her I feel sick about it

Help would be massively appreciated.

 

[Rod]

How much did you pay, and how old was the car?

Was any kind of warranty supplied with the car?

Regardless of the answers to the above, you have a very good chance of getting a refund under the Australian Consumer Law, but you may have to go to VCAT to see your money. There's something about used car salespeople and an aversion to handing back money.

 

[Matt9893]

How much did you pay, and how old was the car?

Was any kind of warranty supplied with the car?

Regardless of the answers to the above, you have a very good chance of getting a refund under the Australian Consumer Law, but you may have to go to VCAT to see your money. There's something about used car salespeople and an aversion to handing back money.

Payed $3900 down from $4000, including a guaranteed rego, roadworthy and service. Which is all written down and signed upon by both seller and buyer

 

[Matt9893]

Payed $3900 down from $4000, including a guaranteed rego, roadworthy and service. Which is all written down and signed upon by both seller and buyer

*Car is a 2003 Mazda 2

 

[Rod]

If the dealer doesn't offer a full refund or offer to repair the car, get your mechanic's report and take the case to VCAT.

Sucks when you tell your girlfriend it's a good car and dies within 10 mins of purchasing it. Feel for you mate. Good thing is that while us guys think it is a big deal, a lot of women don't, they have a different 'scoring system' to us blokes.

 

[Ozwarlock67]

Like any type of goods purchased, they have to be of merchantable quality....which this vehicle clearly isn't. I'd demand the money back.

 

[Matt9893]

If the dealer doesn't offer a full refund or offer to repair the car, get your mechanic's report and take the case to VCAT.

Sucks when you tell your girlfriend it's a good car and dies within 10 mins of purchasing it. Feel for you mate. Good thing is that while us guys think it is a big deal, a lot of women don't, they have a different 'scoring system' to us blokes.

Thanks, man.

Although I didn't see the car before she bought it, regardless I'm a dud with automotive so I wouldn't have picked that it was a lemon

 

[Ozwarlock67]

Always best to invest in at least a basic mechanical inspection which probably would have picked this issue up.

 

[Matt9893]

Thanks man
Although I didn't see the car before she bought it, regardless I'm a dud with automotive so I wouldn't have picked that it was a lemon

Always best to invest in at least a basic mechanical inspection which probably would have picked this issue up.

Appreciated, but unfortunately "would have's" won't help me

 

[Ozwarlock67]

Let us know how you get on.