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new car

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cosmos67 View Drop Down
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Joined: 24/June/2011
Location: Australia
Posts: 5
  Quote cosmos67 Quote  Post ReplyReply Direct Link To This Post Topic: new car
    Posted: 23/February/2019 at 07:36
Hi All

recently I purchased a new car and after two days had a problem with a tinted
windows. witch they been since redone and also found a defect in a paint on the
roof of the car.. Dealer agreed to fix it by respraying the roof but my argument is if
I knew new car would need re spraying I would not buy it in a first place... this is a 70 K
car and in my opinion re spraying will make it a second hand car and I will loose a value
by letting them to do that... what are my rights..

Thnx

Danny

citizen-joe View Drop Down
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Joined: 09/October/2005
Location: Australia
Posts: 754
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 23/February/2019 at 09:37
Yes it does seem a bit rough, but on the other hand if they had discovered the paint defect when doing the pre-delivery checks and resprayed the roof at that stage, would you have noticed? Would you have refused to take delivery?

Others may comment.

cosmos67 View Drop Down
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Joined: 24/June/2011
Location: Australia
Posts: 5
  Quote cosmos67 Quote  Post ReplyReply Direct Link To This Post Posted: 23/February/2019 at 10:25
of course I would .. not knowing would make the difference .. but than in my opinion would be cheating .. the dealer would knowingly sell me a car that had repairs done so therefore it is not a new car and also illegal .. or is it ok practice in our car industry to sell you a car that had a repairs done prior to put in show room..?    

Eddy View Drop Down
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Joined: 14/December/2012
Location: Australia
Posts: 186
  Quote Eddy Quote  Post ReplyReply Direct Link To This Post Posted: 23/February/2019 at 12:03
Unfortunate but I think your only option is to accept their repairs. The car was otherwise fit for purpose and you've been driving it around. Bear in mind, as soon as any new car is driven out of the dealership, it drops in value.

If the defect compromises protection of the metalwork and you don't allow them to rectify it now, any subsequent corrosion in the warranty period won't be covered.

I think if you were to attempt legal action of any sort you would need to be able to prove that they knew about the defect before they sold it to you.

cosmos67 View Drop Down
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Joined: 24/June/2011
Location: Australia
Posts: 5
  Quote cosmos67 Quote  Post ReplyReply Direct Link To This Post Posted: 23/February/2019 at 17:32
the only proof I have them excepting liability and stating defect is in the paint...how did that past the quality control not sure but I'm sure no one will come out loudly saying we knew about the fault ...I'm not saying Lexus is the car I purchased but they just lost me as a future customer ...

citizen-joe View Drop Down
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Joined: 09/October/2005
Location: Australia
Posts: 754
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 23/February/2019 at 19:45
You said you had window tinting problems on day two, how long have you had the car now? If it is only a very short time you may be able to find a lawyer who is prepared to take on a case to have them exchange the car. But his fees may be high.

Edited by citizen-joe - 23/February/2019 at 19:46

cosmos67 View Drop Down
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Joined: 24/June/2011
Location: Australia
Posts: 5
  Quote cosmos67 Quote  Post ReplyReply Direct Link To This Post Posted: 24/February/2019 at 08:01
I notice window tinting problem when we picked the car ..on the day of delivery and I point it out to the salesman and hes answer was it will pull back in time but it did not .. the bubble got bigger so they replaced that but not the back window where the same problem occurred .. eventually it got fixed but the defect in the roof is the issue I'm not happy about.. I can understand it can be fix but would anyone expect to buy a new car only to be told don't worry it will be like new... well not me .. I expect when I spend 70K to get something that does not need repairs straight after the show room display...
talking to a lawyer is my last option but I will try a media first...

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