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New car warranty privately purchased

Printed From: AussieLegal
Category: General Legal Discussions
Forum Name: Discuss legal issues that are of a general nature
Forum Discription:
URL: https://www.aussielegal.com.au/forum/forum_posts.asp?TID=24950
Printed Date: 23/March/2019 at 19:32


Topic: New car warranty privately purchased
Posted By: devendrac
Subject: New car warranty privately purchased
Date Posted: 22/January/2018 at 14:42
I bought a VW with 12 months of the original warranty to left to expire but has been in and out of VW dealer for 8 weeks. The car has been with the dealer since Dec 14 and VW HO is involved in the fix too.
ACCC and NSW fair trading has advised me that since I bought privately they can't help to return or claim a refund. Where do I goto get my money back and which govertment dept looks after the consumer? Please help.

Dev



Replies:
Posted By: citizen-joe
Date Posted: 22/January/2018 at 23:23
ACCC are the people who deal with this, but the problem in your case is that they can only act between the buyer and seller when that seller is a firm.

However you have a warranty on the vehicle which was transferred from the original buyer to you, so this warranty is now between you and the original dealer. I'd have thought that the ACCC would also act in such circumstances. Perhaps the information you provided them has not defined your relationship with that dealer correctly.

In any case I would imagine that the warranty requires the dealer to fix the car, not to exchange or refund you for the faults.

What is the fault with the car that they seem to have not been able to fix? What have they done so far to effect repairs?

You may need the services of a solicitor to put your case to the dealer, perhaps with a copy of his letter to the VW company.


Posted By: devendrac
Date Posted: 23/January/2018 at 11:42
on the first occasion they changed a valve. then second time they changed the charcoal canister??? which is next to the valve. Third time they changed a tube between the two. Fourth time under instruction from HO they changed all three again. Same result. Now they are waiting for an ECU to arrive from Singapore. The car has been with the dealer since Dec 14, 2017. I believe like me most people think if the car is under warranty the new owner has the same rights and would will be looked after by the ACCC and consumer law. I have been told it is not unless I want to spend money on lawyers.
My other worry is how could I sell this car to another buyer knowing the problems in the car and the service given by VW. They are heartless cheaters. TX


Posted By: Eddy
Date Posted: 23/January/2018 at 12:09
You are going to have to bear with them for the time being - they are doing the right thing and attempting to fix the issue. This is an unfortunate time of year for this to happen (with Christmas shutdowns).


Posted By: citizen-joe
Date Posted: 24/January/2018 at 08:58
You've said what they did to the car but not explained what the faultwas that they were trying to fix.

To me as a lay person, replacing those parts does not suggest that there was a serious fault it sounds like the user of the car has been overfilling the fuel tank which then overflowed into the carbon canister which would result in a strong fuel smell in the car.

But I'm only a lay person.


Posted By: devendrac
Date Posted: 24/January/2018 at 21:54
Engine light keeps coming back. Nothing that we have done.


Posted By: AMK Law
Date Posted: 22/March/2018 at 11:01
Hi Dev,

Buying a motor vehicle from a private seller could be cheaper than buying from a business. However, buying from a private seller means less legal protection. For example, the buyer does not get any cooling-off period and the vehicle is not covered by a statutory warranty.

However, in the absence of the statutory warranty, a consumer still has protections provided by Australian Consumer Law (ACL). For example, if a product fails to meet a consumer guarantee, consumers are entitled to use their legal rights to a repair, refund or replacement under the Australian Consumer Law (ACL). Remedies for major failures are different from remedies for goods with minor problems. For goods with a major failure, consumers have a right to reject the goods and request either a refund or replacement.

The ACL describes a major failure as the following:
•     No consumer would have bought the goods if they had known about the problem; or
•     The goods purchased are not fit for purpose and cannot be easily be made fit for purpose in a reasonable time.

Having said the above, we will require more facts such as model, year, mileage etc to determine rights and/or remedies available to you.

Should you wish to discuss this matter further, please feel free to contact us via email on admin@amklaw.com.au, via phone on (03) 8564 8474 or visit our website at www.amklaw.com.au

Disclaimer:
This information is of a general nature only and it is not, nor is intended to be, legal advice. If you wish to take any action based on the content of this publication, we recommend that you seek professional legal advice. You can contact AMK Law directly by telephone on (03) 8564 8474 or by email admin@amklaw.com.au.



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