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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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What are our rights with a major fault discovered within

Customer Question

what are our rights with a major fault discovered within 2 days of purchasing a used car.
Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 months ago.
Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.Did you buy it from a dealer or privately?
Customer: replied 8 months ago.
from a dealer
Customer: replied 8 months ago.
awaiting your reply
Expert:  Leon replied 8 months ago.
Good AfternoonYou cannot get a refund back as they have a right to repairDepending on the age and the kilometres that have been travelled they have to provide you with a statutory warranty. here is the law in summary followed by the link it came fromThe dealer guarantee for a second-hand motor vehicle which had driven less than 160,000 km and was less than 10 years old when purchased is limited to 5,000 km after purchase, or 3 months after purchase, whichever occurs first.http://www.fairtrading.nsw.gov.au/ftw/Consumers/Motor_vehicles/Warranties.pageYou can take it back and they have to fix it if it is less than 10 years old and done less than 160,000 kilometres. If it does not meet this then you have to rely on the general law and that says if he knew about the issue and mislead you then you can sue for misleading and deceptive conduct. You can take him to NCATYou have to rely on the advertisement that he may have had or it is your word against his. I hope this makes sense?