ACT Purchased Faulty 3-Week-Old Car - Options?

[Amanda87]

Hi

I bought a car 3 weeks ago tomorrow and on Monday it started making a funny sound in the engine. WhenI I put the car into drive, reverse or come to a complete stop, the car makes a clunk sound and the oil filter light flickers on and off.

I took the car back to the dealership yesterday and they have booked it in to look at it on Monday but have said anything that needs fixing I will need to pay for myself.

When I purchased the car, I asked about the warranty and was told because the car had more than 16,000 kms, there was no warranty, so I asked if there was an extra warranty I could purchase and I was told no.

Is there anything I can do since the car is only 3 weeks old in regards to them fixing the issuess?

 

[Victoria S]

Hi Amanda87,

Since you purchased the vehicle from a dealer, the transaction is covered under the Australian consumer law. This provides that a dealer must guarantee that any vehicle they sell is of acceptable quality. However, what is acceptable quality will obviously depend on the age, model and nature of the vehicle.

The test of whether a vehicle is of acceptable quality is whether a reasonable consumer, fully aware of a motor vehicle’s condition (including any defects) would find it:
> fit for all the purposes for which vehicles of that kind are commonly supplied
> acceptable in appearance and finish
> free from defects
> safe
> durable.

This test takes into account:

• the nature of the motor vehicle – for example a new car would be expected to be in better condition than a used car.
• the price of the motor vehicle – for example, you might expect that a top-of-the-range model would be more durable than a cheaper competing model
• representations made by the dealer about the vehicle; for example anything the dealer told you about the vehicle before purchase,
• the way the consumer has driven or used the vehicle.

However the guarantee does not apply if the dealer alerts the consumer to the defect in the vehicle before the consumer agrees to the purchase or the consumer examines the vehicle before buying and the examination should have revealed it was not of acceptable quality. It does not require you to find hidden defects or ones that are difficult to detect; for example, engine, brake or gear box faults, which may not be easily detected.

If the dealer has breached this guarantee then they can be forced to fix the defects or refund you (in certain rare cases where there has been a major failure).