Issues with Car Purchased from Tasmanian Dealership

Hi Brains trust,

I purchased (21/9/2017) a 2013 MY car from a dealer in Tasmania.

They say they do a 100 point check prior to the purchaser picking up the car, and they say mine "passed with flying colours".

I've already had to go back to get the hand brake tightened as it was rolling back on hills when engaged.

I've now noticed that the brakes sound like metal on metal. Is there any recourse I can take (ACL, ETC) To have this resolved? I'm wanting to know what rights I have before I call them. I will call to discuss however I have taken the car over to Victoria on the Spirit of Tas so obviously I can't go they're until I return (2 weeks). I'm not keen on driving the car too much until the brakes sound normal. I do have a trusted mechanic over here, should I just foot the bill?

Comments

  • Someone more learned will come along, but:

    I do have a trusted mechanic over here, should I just foot the bill?

    Possibly. I imagine there will be some sort of warranty where the dealer has to fix it, but if you want a third party to fix it, it may be harder to get the dealer to cover the cost. Metal on metal is something I wouldn't want to be driving around for safety reasons.

  • +1

    To check the brakes, take the wheel off, and have a look to see if there is meat on the pads still… One corner at a time though. Don't stick your head under a car supported only by a jack - use a jack stand. You might be low, with the indicator spring touching your brake rotor.

  • +2

    The sound may be like metal on metal, but it is probably the wear indicators in the brake pads, which are there to remind you it is time to change them.

  • Read this

    http://www.consumer.tas.gov.au/fair_trading/motor_vehicles

    Since you are not near the dealer, only you can decide how to deal with the car over the next few weeks, but if I was you, I would get the brakes checked out. I believe they are quite an important item on all cars.

    Once back in tas, go to town on the dealer.

  • +2

    You'll have a short statutory warranty provided it's under 7 years or 125000kms with any purchase of a car in Tasmania from a licensed dealer.

    It only lasts for 3000 kms though, and it would depend on the nature of the brake issue.

    See here:
    http://www.consumer.tas.gov.au/fair_trading/motor_vehicles

    Also, ACL (Consumer Law- not the Christian Lobby) applies.

  • Hmmm… looks like Tas doesn't require a roadworthy in order to transfer the registration of a vehicle so the 100 point check is probably toilet paper. You should still be covered by the statutory warranty if the brakes need fixing though, especially if they're metal on metal…

    • 100 point check
      1. car
      2. roof
      3. round steering thingy
      4. door
      5. front left tyre
      6. front right tyre
      7. back left tyre
      8. flashy bit
      9. seat bell
      10. seat
      etc.

      • Have to pay extra for the 101 point safety check to make sure the back right tyre is present :p

  • -1

    Brake pads are consumables. This should be a case of wear and tear.

    • Maybe if the OP has been driving it non stop for the 11 days they've had it around a race track

    • +1

      While brake pads are a consumable, they are also a road worthy item and should have been checked for roadworthy. Brake pads that lasted 11 days were not road worthy at the time the car was sold.

      • +3

        Tas to vic is a fair distance. It's easy to clock 100s km every day.

        • Could be just a bit of moisture getting in as well.

        • Well, you’re right. It would be a long drive from Tas to Vic according to my map.

          Depending on what car it is, weight, power, previous driving habits, transmission and a whole heap of other factors, brake pads tend to last into the 10’s of thousands of kms. If OP did your estimated 100km/day, then that’s still only 1100km (give or take a few hundred kms) and I’m saying, as a person who replaces brakes for a living, assuming that the pads have worn out on OP’s car, those pads were unroadworthy at the time OP took delivery of the vehicle if they only lasted 1100km.

          Sure, they are wear items, but there was a 100point safety check done on the vehicle, and I assume a RWC and neither of these checks picked up worn out brake pads… that’s the issue OP has, not that the fact that they are wear items or not.

        • @pegaxs:
          What is the threshold for brake pads to pass a safety check and for those that didn't pass?

        • @whooah1979:

          This is from the VicRoads handbook on brakes.
          InB4 “but it is not Taswegia”, but it’s pretty much a universally accepted “threshold” for brakes. Can’t imagine Tas would be less than that…

          Down to the wear indicators, manufacturer recommended limit, or failing that, 1mm.

          ALL of these “thresholds” would be easily observable on any RWC or 100 point check. Any more thickness than these would still offer thousands of km of service.

  • If you are a member of RACT, you probably have reciprocal membership with RACV while in Victoria.

    RACV Ph: 13 72 78
    Roadside Assistance: 13 11 11

    Maybe an independent RACV Vehicle Inspection would assist?

  • You did get the car inspected … ? Or did you trust a used car dealer ?

    Have you called them to ask what you should do?

  • They say they do a 100 point check prior to the purchaser picking up the car, and they say mine "passed with flying colours".

    These words from a used car dealer… haha!

    • I know, I'm an idiot.

  • If that is the only things wrong with the car, then take it as a lesson and count yourself lucky.

    The handbrake is no big deal and the brakes are consumables. Unless it's an exotic car then it shouldn't be too expensive to replace. You may as well get the brake fluid flushed too unless it was proven to be changed less than a year ago.

    1. If the handbrake was dodgy why would you trust them to not dodgy the brakes?

    2. They will likely say brakes are wear and tear.

    3. Get someone you trust to fix such an essential item, when your brakes won't work and you roll into the intersection Infront of a truck you won't be thinking "gee I'm glad I saved some money!"

  • Thank you all. The car is at the mechanic, I'll make a call once they tell me what's up. Chalked down as a lesson, dont trust salesmen.

    • I recently had a similar thing, they replaced a battery, I had to replace a alternator…

      They put another power steering pump in, I I had to do the hose…

      They had changed the tailgate, the motor for the central locking died and the dumb arse didn't change the cylinder so it was unlockable with a key…

      Expect to spend 30-50% or about 3k in the first year after purchase, people usually get rid of problems.

    • If you identify a faulty part you need to notify the dealer in writing, requesting and giving them the opportunity to carry out the repairs (or arrange their interstate agent to do so) under the statuatory warranty. Request they respond with a solution within x working days. If they do not respond then you take their silence as they have accepted a) the repairs are required, b) that the repairs are to be carried out under the statuatory warranty. From there you can push harder.

      • Thank you, I took your advice. Update below.

  • Dealership

    Op, could you please confirm that you purchased from a dealership and not used dealer?

    • Used dealer. Didnt know there was a difference, sorry.

      • Wholesaler?

        How old was the car? Kms? Price?

  • You bought a mongrel hybrid from Tasmania. If it was from the mainland it would be a lemon.

  • +2

    Update: My mechanic in Melbourne says the pads are low but still good for a couple thousand kms. I took the advice of wannagrabbalabbadab and emailed the salesman. Just took a call saying they will replace them when I return and slap the mechanic who did the 100 point check.

    Good communication is key, as the dealer seems happy to rectify the problem.

    Thanks to all.

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