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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42326
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have purchased a Hyundai iLoad vehicle from a used car

Customer Question

I have purchased a Hyundai iLoad vehicle from a used car authorised dealer approximately 3 weeks ago.
Within the first week the 2 remote door lock keys stopped working.
By the next week i noticed that there was no service book provided by the dealer.
on the third week the car broke down. I took it to my mechanic and he found that fuel filter had water in it and also reported that the 2 fuel pumps needed replacement as there is pressure fluctuations in the fuel supply. This is all going to cost around $3000 -$4000.
Am i protected under Consumer law in Victoria?
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.

Was it a new car or a used car? Did the advertising say that it had a full log book?

Did you also have the car inspected before you purchased it?

Customer: replied 3 months ago.
Used car.
The dealer provided a certificate of road worthiness which is required before a vehicle is transferred.
Don't know the answer to your question on log book. Not of this term in Victoria.
I did not have the car inspected by my mechanic since the dealer was a registered reputable dealer.
Expert:  Leon replied 3 months ago.

Good Morning

If the car was advertised with a log book then you can go back and say you did not get one. If it was not then, being a second hand car it is hard to demand one if it was not referred to as having all the services.

Being a second had car it is covered by a statutory warranty provided it has less and 160,000 kilometres on the clock and is less than 10 years old

Here is some information.

If it meats the criteria then the dealer has to repair the car for you at his cost.

Your warranty is for 5000 kilometres or 3 months.

The mechanic that has checked the car should tell you what else is wrong and you have the right to have the dealer repair it.

To demand a refund is not possible as it is a second hand car and is it buyer beware.

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.
Sorry leon
The term log book does not make sense and is not a term used in Victoria.
All the other info you provide is something i know.
My main question relates to Consumer Protection and not statutory warranty.
Not sure what mechanic you are referring to. Are you referring to the the dealers mechanic who would have inspected the vehicle.
Expert:  Leon replied 3 months ago.

Good Evening

By log book I mean the service book that says when it was services and by whom. If it was not sold with full service book then it did not have one.

If the dealer advertised it with a full service book then they have to provide it.

Being a second hand car the protection you have is limited to what I have said. It is a used item and it is buyer beware it is not the same as a new car where the warranties apply.

If the dealer was aware of the issues and lied then you are protected by misleading and deceptive conduct.

If he gave you a report that was detailed and said the car had no issues then you can use that against them as they have mislead you.

You mentioned you took it to a mechanic and they told you there was water in the oil filter. This is the mechanic you have to get a report form. If it is the dealers they have to repair the car.

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