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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42332
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Can I refund a Nissan Pathfinder that I bought it 8 months

Customer Question

Can I refund a Nissan Pathfinder that I bought it 8 months ago?
(Following the Fair Trading "Handling major problem with goods")
-From very first day has got a Gearbox problem that should be changed.
-Excessive wear on front tyres that need to be rotated after 10,000km, all tyres should be changed every 3rd services which takes 2 years. It means 2 tyres per year.
Car was brand new.
Submitted: 3 months ago.
Category: Australia Law
Expert:  Leon replied 3 months ago.

Good Morning.

My 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 advise but a guide to assist you.

The law says they have a right to repair or replace.

If they cant then you can ask for a refund

This is the law as art stands.

If they cannot repair it and are not willing to repair then they have to refund. But you have to sue them for this.

Take the matter to NCAT or to Court.

You have to have evidence form an independent mechanic and they have to be willing to back you up with a detailed report on the problem and also appear in court for you.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.



Customer: replied 3 months ago.
Thank you for your time,
I have read the website you sent me before.
Following that I have right to refund but I am not sure that laws will cover my problem.
Gearbox is a major parts of cars and then gearbox problem is a major problem; although it is fixable, I am paying for brand new car not for a car with gearbox replaced that obviously affected the car price.
On the other hand, they can't fix one-sided excessive wear on tyres and they believe it is common in Nissan Pathfinders.
Laws in "" will cover my problem?
As a second question can you help me to get my right with this problem.
Expert:  Leon replied 3 months ago.

Good Afternoon

If they have exhausted all other options then you can seek a refund.

But you have to have exhausted them.

They have a right to fix it. It is there choice not yours.

I would always suggest an independent report on the car before you goto court.

You need to have all this in writing. If they say it cannot be fixed get it in writing. If you take it to them for service ask for a copy of their file on the car. The more you have to back you up the better.

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