I recently purchased an Audi from a private seller and the balance of the new car warranty was transferred. The car was purchased by the seller last year from an Audi dealership and the Sales Contract specified that the vehicle was sold with a 5 year manufacturers warranty with no special conditions or terms and conditions referenced or stated on the Sales Contract. Supposedly, a welcome lettter was sent out at a later stage to the purchaser on which there was a footnote stating that this was a 3 year new car warranty plus a 2 year extended warranty and that the 2 year extended warranty was not transferable. The purchaser cannot recall receiving this letter or of being informed of this restriction at the time of purchase. No other documentation for the warranty was ever provided, so in the absence of a PDS, we contacted the dealership who provided written advice that it was transferable when the vehicle is sold. On this basis the sale proceeded, however, when a transfer form was requested from the dealership, they said it was not transferable. Do we have any legal standing to challenge the dealership or Audi Australia, both of whom deny any legal obligation to transfer the warranty, which is an Audi manufacturers warranty, as they say the extended warranty was complimentary to the original purchaser, despite not being able to provide any legal documentation containing terms and conditions?
