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I bought a used car from a dealer in January. Before I got…

Customer Question

I bought a used car...

I bought a used car from a dealer in January. Before I got it home, the car had over-heated and it had to go back to them. Their own garage said that the car had not gone to them before it was sold for mechanical check and a new radiator had to be fitted as the vehicle was leaking fluid. It was also due for a service which I found myself paying $320 for a week after I bought it. A week and a half ago before the next service was due, the transmission failed. This has been diagnosed as being the result of water in the unit which has caused rust and it has seized. The dealer gave a three month warranty and sold me an extended warranty for $700. The warranty company have refused to pay as the part has not mechanically failed - it is classed as consequential damage. I am now faced with a bill of $3500 to get it back on the road.

The dealer says that it is not his problem, and I can't prove anything against him. Do I have any leg to stand on in this argument as I feel that having spent $12500 in good faith for a car that was sold as mechanically sound, I have been had good and proper.

Thanks
Beverley

Submitted: 11 years ago.Category: Australia Law

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7/15/2011

Solicitor: Leon, Solicitor replied 11 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Good Afternoon

The Dealer should have given you a warranty themselves not just the extended Warranty

http://www.ocba.sa.gov.au/consumeradvice/usedcar/used_car/lic_dealer/warranty.html

You need to contact the office of consumer affairs and lodge a complaint.

The Dealer should have repaired the vehicle at his cost not have you pay. Also because you notified him of the problem in the period it is still covered and he has to fix it.

The Insurer that wont pay for the repairs under the warranty you should report to the department as well

Ask Consumer Affairs where you can lodge the complaint.

I hope this is of assistance and if so please click on the accept button.

Customer reply replied 11 years ago

He did give me a 3 months warranty as noted in the question and sold additional on top.

He paid for a new radiator in January under his warranty but not the service which was due.

I am five and a half months post purchase and his view is that I can't prove when the fluid got into the unit, so therefore it's not his issue. The garage say that it has to have been there for some time for the parts inside to have rusted. Their view is that the water had come from the radiator that had to be replaced in January.

The dealer says that the warranty not paying out is the fault of the garage I took it to when it broke down as they should not have said there was water damage but should have told them it had just failed - warranties do not cover rust damage.

He is now refusing to speak to me at all.

Solicitor: Leon, Solicitor replied 11 years ago

Good Afternoon

You have to get the garage to give you a report of what they found and then sue the warranty provider to fix it.

Rust doe snot occur immediately.

You need the report to back your claim tat it was a problem and should be paid under warranty.

Lodge a complaint at the tribunal at consumer affairs.

I hope this is of assistance and if so please click on the accept button

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

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