WA Get Refund from Dealer for Faulty Car?

[Jacque Van Buren]

I have bought a nearly new car. Within days, a major fault has occurred. It is still under manufacturer warranty, but I wanted my money back. The dealer has refused. What can I do under Australian Consumer Law?

 

[Sophea]

Hi, just to clarify - you bought the vehicle second hand?

This article may provide some background info for you: Faulty Second Hand Car? Your Options as a Buyer - Legal Blog - LawAnswers.com.au

Essentially, the Australian Consumer Law will apply to a purchase from a used car dealer, which requires the dealer to guarantee that the vehicle is

1. of acceptable quality (which can depend on the age and nature of the vehicle),
2. reasonably fit for the purpose specified during sale, and
3. accurately described.

A used vehicle is considered to be of 'acceptable quality' if for a reasonable period after purchase you can drive it from A to B in reasonable safety. If a vehicle is not of acceptable quality or a manufacturing defect has become evident during a reasonable period after purchase, the manufacturer has an obligation to remedy the defect. A reasonable period is usually regarded as the warranty period provided by the manufacturer.

In such circumstances you generally don't have a right of refund.