Can a Car Dealer Make You Prepay The Full Amount for Parts before You Receive Them?

Tarnsie on 06/08/2017 - 18:33
Last edited 07/08/2017 - 09:02 by 1 other user

I have a 2011 Nissan Murano and the Nissan Dealership charged me the full amount for a park brake cable assembly as there is no stock in Australia and its coming ex Japan. I agreed because I didn't know better and I needed the car fixed but I asked a few friends and they are saying this is common but illegal.

Under Australian fair trading law is this correct to charge for a part that they should have in stock? I understand if it's a rare car or customised part they can't resell if I change my mind.

Automotive

Comments

  • Settero on 06/08/2017 - 18:40
    +13

    you think its illegal to charge for a part that they are special ordering in for you ?
    what part do you think is illegal ?

  • Tarnsie on 06/08/2017 - 18:46

    That's what I am asking . Is it illegal?

    Their point is that it wouldn't be a special order if they had stock in Australia which is what I would expect if there's that many muranos driving around. I have no problems paying upfront if they are entitled to payment.

    I simply want to know what consumer law says. I'll call fair trading tommorow.

    • Settero on 06/08/2017 - 19:19
      +1

      im just trying to figure out , if you think they are bsing you , or you think that the charge upfront is the issue.

      there is no law saying that a store has to have stock of , there are laws saying that parts need to be available to repair certain items for x time depending on item , but that's just available to order , not "in stock"

    • Slippery Fish on 06/08/2017 - 19:28

      Are you slow or something? :/ How would it be illigal to take money up front to order in a part they wouldn't order otherwise, what did you expect from them, to take a deposit or something.

      Also why would they keep every part from a 6 year old car in stock ROFL.

    • whooah1979 on 06/08/2017 - 19:32
      +1

      Murano has been discontinued. Stocking parts for an unpopular model is not financially wise.

    • Randxyz123 on 06/08/2017 - 20:07

      It's a 6 year old car. Ordering the part is reasonable…

  • airal3rt on 06/08/2017 - 18:48

    a part that they should have in stock

    It's a private business, you can't dictate how they operate and what parts they should/shouldn't have in stock. You want them to order something in for you from Japan, you pay upfront.

    • Tarnsie on 06/08/2017 - 18:53
      -3

      Yes sounds fair . Does it change the scenario if I asked them to diagnose a vibrating problem and they said they can fix but they don't have the part and must order it in before they can repair?

      I.e I didnt walk in off the street and ask them to give me a part. I dropped off car and wanted them to fix a undiagnosed problem and they will be the ones fitting the part once it arrives.

      It sounds like it's fair to pay upfront.

  • bobbified on 06/08/2017 - 19:01
    +1

    OP, you could have simply asked if charging full price is normal in your circumstances. If you straight up start with Fair Trading etc, you're not going to get nice responses.

    In your case, it'll just be like any normal order. Some businesses will simply take a deposit and some require full payment.

  • vtecdohc on 06/08/2017 - 19:07
    +3

    Since it is a special order part, the dealership doesn't want to be stuck with a part on their shelf if you decide to not take it.

  • [Deactivated] on 06/08/2017 - 19:14
    +9

    Get smarter friends.

  • Tarnsie on 06/08/2017 - 19:24

    Thanks. I knew it was normal practice to pay upfront but this is the first time I heard someone say it was common but illegal.

    His argument sounded logical as he mentioned if the dealer is representing nissan and selling their vehicles and the car is a newish model then they should carry all parts (or at least one dealership in Australia should have it and if they didnt then they should have ordered when stocked out)

    Yes I may need to hang out with a different crowd.

    Thanks all .

    It makes sense that i was correct to pay for a part upfront if it's not available locally.

    • Slippery Fish on 06/08/2017 - 19:36
      +1

      Ok ok this is my last dig, let's say 6years is semi recent, now say they released 4 cars a year, some parts over years overlap but that's still a f load of bits with commen ones needing multiple.

      That's thousands of parts, where does your not so clever friend suppose they store all these bits, do they charge you more as every year passes because of storage costs and drain on cashflow?

      Critical thinking on your part would have saved this whole thread…

  • altomic on 06/08/2017 - 20:05
    +13

    it is illegal.

    it goes against the Car Spare Parts Act 2006.

    section 417 : any business must buy the spare part and only charge the customer once the work is completed. and if the customer decides decides not to continue with the repair after the part has been bought then that is tough titties for the business, and they should suck it. Failure to follow the Act may result in fines of up to 2000 penalty units or 6 months imprisonment.

    • strangeloops66 on 06/08/2017 - 20:22

      I think we have a Parliamentary draftsman in the making.

      • Diji1 on 06/08/2017 - 22:34
        +5

        I doubt it, it's clear and understandable.

    • JimmyF on 06/08/2017 - 21:53
      -1

      What work? The OP is just buying a part. Didn't say they wanted installed.

      • Baysew on 07/08/2017 - 10:18
        +1

        That's one of the unintended consequences in the Car Spare Parts Act 2006. You can get the part, but don't have to pay for it until it is installed.

        The dealer would probably say that it is not a "spare" part, as they can't spare it. (unless they can be tempted with lots of upfront money)

        The legislation will probably need to be tested in court for a definite definition. At the moment, the hearing has been delayed due to lack of bargains in the lower food court.

  • JimmyF on 06/08/2017 - 21:54

    Not uncommon when making a SPECIAL order to pay for the item up front, if they don't carry it etc.

  • El Grande on 06/08/2017 - 22:55

    Special order items are always fully paid at the time of order. We don't even accept change of mind returns on Special order items. Yes that's legal too. As a seller they have to pay for the part to be shipped in, for it to be shipped back (if you return it or refuse to buy it) and restocking fee (normally 20%).

  • doctordv8 on 07/08/2017 - 08:35

    There are Laws regarding the carrying, stocking and availability of spare parts, and the type of spare parts, being parts required to make the vehicle safe for normal operation and from a serviceability point. I recall it was 7 years from manufacture, but could of been from date of first reg or first ownership.

    This may not be a silly as it sounds a question to be asking. From my years dealing with dealerships and custom car parts suppliers, they are acting inappropriately, or the rules have changed. A order deposit used to be applied for out of the designated time (7yrs?) was common, but never was I asked to 100% upfront for a standard RWC/service part. Yes the OP needs it, wants it, and has or would of paid for it, but he is only asking a question as matter of law.

    This is certainly not a special order part, it is a handbrake cable being standard service part. They are just calling it a 'special order'.

    I too would be interested in knowing the current law on the matter.

    • Euphemistic on 07/08/2017 - 10:03

      I wouldn't call a handbrake cable a standard service part. Unless it is subject to a recall, the part would almost be expected to last the life of the vehicle. Having driven many cars, old and new I've never had to replace one, and wouldn't expect it to be necessary on most cars. I think special order for a handbrake cable is acceptable.

      • doctordv8 on 08/08/2017 - 08:45

        Handbrake cables, as all vehicle cables are wear and tear components, being service parts. It is a service part because they are serviced as part of vehicle servicing, ie lubricated and adjusted. They are moving components and are often replaced throughout the life of SOME vehicles more than others.

        Some makes/models can require multiple handbrake cable replacements whilst other makes require the original and it lasts many years, although the 'life of a vehicle is obviously very short in your world'. It also depends on the how often and how severely it is used as well as how well it is maintained and its operating environment re corrosion etc.

        Just because you have driven many cars does not place you in the trade with replacement and repair stats….just for your info…..I have restored vehicles with handbrake cables still operational after 40 years, and replaced Holden Commodore cables after 5 years.

        Also and again, as its a Roadworthy and safety component, it should be stock serviceable item. It is against the Law in every state to drive any vehicle without a fully functioning Handbrake Cable.

        • Euphemistic on 08/08/2017 - 10:38

          If what you assert is true, then it is entirely possibly that it isn't worth stocking parts for the models that 'never' wear out. It could be that a Murano is one of them and it isn't exactly a common car either.

          Parts supply joints spend a lot of time trying to reduce inventory as much as possible. You wouldn't stock 1000 handbrake cables for the 40yo models you mention that are still operational chances are they will sit on the shelf forever. You might stock 1000 for 5yo commodores by your reasoning because the model is very common and they might be regular failure points.

          As for it being a roadworthy item, getting stuff flown in from around the world is completely normal now. You don't need to keep everything in stock in a thousand different stores because it is so easy to find one in someone else's warehouse, chuck it on a plane and delivery it in a few days.

          And for the record I have driven and owned number of vehicles that would be well past the use by date for a lot of members on here. 69 Valiant, 72 Galant, 81 Sigma, 81 Van, 91 Corolla and others and I happily browse the classifieds for a new project in the 1965-1975 range for when I finish my house renos. My current vehicle is 10yo and my last one sold last year was 2003 with 220,000km on it. No handbrake replacement in any of those that I am aware of, and I can't recall anyone I know having to replace one either. I'm not saying it doesnt happen, just that it isn't common in my experience.

  • [Deactivated] on 07/08/2017 - 11:00
    +1

    The first problem here is taking a 6 year old car to a dealer … find an independent mechanic.

    The second problem is trying to get a new replacement for a part that needs to be imported. Especially for an urgent repair. Much better off phoning a few other dealers to see if they have it in stock, then looking for a generic, then looking for a used part from a wrecker.

    It's actually surprising that the part isn't stocked. Even though the car is 6 years old and superseded, lots of the part are common between newer models. It wouldn't surprise me that you could find a compatible part if you spent 30 seconds on google.

  • Euphemistic on 08/08/2017 - 11:05
    +1

    Handbrake cable might be the least of your problems. 2011 Murano burns a house down.

    http://www.dailytelegraph.com.au/technology/call-to-recall-s…

  • TheBilly on 08/08/2017 - 19:36
    +1

    Its like buying something on ebay. You pay. You wait for it to arrive.

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