I bought a car from Blues Brothers Motors on Sunday (trade-in…

HelloCustomerbr />
First of all you should take comfort in that the Motor Dealers Act provides you with a statutory warranty of 3 months or 5000km from the date of sale, whichever occurs first, I am unclear however if you arranged for an independent inspection of the vehicle prior to purchase which may have given you the opportunity to decide whether or not you still wished to proceed with the purchase.

As it stands currently, and to answer your question, you would not be able to "undo" the contract as such and the dealer is obligated to repair the transmission (and any other defect) either at the time of sale or within the warranty period so that the vehicle is placed in a reasonable condition taking into account its age.

The Motor Dealers Act states that the repairs must be undertaken with due care and skill and within a reasonable time taking into account the availability of parts or specialist services. The Dealer is under no obligation to provide to you a replacement or courtesy vehicle so to that end they have acted in the spirit of good customer service.

As to what is considered "reasonable" time to repair - that is open for interpretation however it is probably too early to say that a vehicle not repaired within 24-48 hours is unreasonable when the fault can not be determined.

I understand the frustration of buying an item which was not quite right to start with, may I suggest that you negotiate with the Dealer as to how you could perhaps return home with your old vehicle and when your new one is correctly repaired, that an exchange (collection) takes place that does not require you to drive back down to Sydney.

I trust this information is of assistance and that you will kindly accept my answer, feel free to ask any follow up questions on this matter.

Regards

Maurice