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My son Purchased a second hand ute 2 1/2 week ago in

Customer Question
My son Purchased a...

My son Purchased a second hand ute 2 1/2 week ago in Victoria, It has failed Mechanically. the dealer is asking him to pay !/2 the repair cost , I feel under the fair trading act this is unfair ask the Vehicle is in good mechanical order. and he has done less than 1500 kms since he got it. I believe the vehicle does not come under the statuary warranty because it is commercial rated. is this correct.

Lawyer's Assistant: What state is this in? And how old is the car?

We are In Victoria and the car is a 2013 built ford ranger ute with 130000 kms

Lawyer's Assistant: Has anything been filed or reported?

Only with the Dealer, if thats the question

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They are requesting he pay Half the cost!.

Submitted: 6 months ago.Category: Australia Law
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Answered in 1 minute by:
8/1/2017
Solicitor: Daniel, Solicitor replied 6 months ago
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5,884
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Verified

Hello

Was there any warranty on the vehicle?
What was the fault?
How was the vehicle damaged?
Is your son able to get a second opinion from another mechanic to diagnose the issue?

If easier, I can speak with you over the phone immediately, for a small fee?

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Solicitor: Daniel, Solicitor replied 6 months ago

I have not received a response?
I wish to help you in this situation.

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Customer reply replied 6 months ago
The Statutary warranty does not apply due to it been a commercail cars, even though it registered personaly for personal use.
The Air conditioner compressor has seized which wont let the main drive belt drive.
I can arrange for the car for a second opionion.
Solicitor: Daniel, Solicitor replied 6 months ago

Hello
There would be warranty if he purchased the vehicle with warranty, regardless of the commercial vehicle.
If there is no warranty with the vehicle, then sadly if it were to go to a consumer tribunal, they will likely accept the offer for your son to pay half and the matter is resolved.
It is a minor issue, the tribunal will rule that be the case sadly.

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Solicitor: Daniel, Solicitor replied 6 months ago

I have not received a response?
I wish to help you in this situation.

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Daniel
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5,884
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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