Can The Dealership Seriously Do This?

LOGnelz on 01/03/2018 - 18:22
Last edited 01/03/2018 - 21:19 by 2 other users

Hi all,

I've been dealing with a crappy situation after buying a car from a dealership here in Brisbane.

Here's the cliff notes.

• Purchased car from major dealer with broken air con
• Before purchasing, wrote it into contract that issue must be fixed. Dealer & I signed contract.
• Issue has been "repaired" 3 times now within <60 days of buying the car
• Air con has now failed for the 4th time
• Took car in again and am now being told a rock caused new damage to the condenser, and I must pay $800
• I don't believe this to be true, I think it's always been broken, hence gas leaking out again every couple weeks
• What can I do?

---

And here's the longer version for those who are interested.

I initially went to a dealer to inspect a used Peugeot RCZ. 2012 model with 90,000KM on the clock. Did the test drive and was quite impressed, but made sure to check all the electricals. The salesman and I both noticed the air conditioner wasn't working, and he agreed that they would sort that out prior to purchasing. He assumed it would just need re-gassing.

We drove back to the dealership and negotiated for about an hour. I managed to get the price down about 10%, as well as got them to throw in the "premium warranty" (although I kinda know this has limited/no value). Before you guys pull me up on this - I made sure to write on the contract that the air conditioner must be repaired under "Special Terms". We then signed a deal and I was told I would be notified when the car was ready to be picked up.

And it begins…

First Repair

So, a week later, I go in to pick up the car after being told the air conditioning has been fixed. I sit down in the car, ready to drive away, and turn the air con on. Of course, it's not working - hot as can be. Felt like fire bursting out of the fans on this 33 degree summer day. I walked back inside and spoke with the salesman who claims he is certain they fixed it, and "even got the thermometer out to check it". Absolute BS. So, he says, take it away and if it still isn't working, just bring it back and we'll sort it. After having driven an hour, I was ready to take the car and sort it out later, assuming it would be a fairly straightforward process.

Second Repair

I call again and organise a repair. I bring it in again a few days later, then receive a call 2 days after that saying it has been fixed. I go to pick it up, test it out, and it's working! Everything seems okay. I drove the car around for about a week, and started hearing what sounded like a gas leak from within the car. Shortly after this, the air con stopped blowing cold air.

Third Repair

I called them again and arranged another repair. This time, the salesman (still the same guy, mind you) says he will speak to his manager about taking it to an air con specialist. I take the car in and they take it to the specialist. Two weeks later, I get a call saying it's fixed and I go in and pick it up. They gave me a copy of the paperwork from the third party air con specialist which says it cost around $2500 to fix, and they replaced the "evaporator core". It made no other notes aside from the fact that they found a fault with it and replaced it.

All went well for nearly a month, until…

Fourth Repair

The air con started making the same damn noise again. The sound of a gas pipe leaking, coming right from the fans inside the cabin. 1 hour later, no more cold air is coming out. God dammit. I call them again, and organise ANOTHER repair.

This time, it took 1-2 weeks between my initial call and involved me chasing him up multiple times, just to get a date where I could bring it in. Finally, I take it in again. He says they will take it to the air con repairer again because they have an obligation to repair it, given the dealership has already paid them to fix it once. I say fair enough and leave.

The BS begins

So, today, I get a call saying they've found the issue! Apparently, I have driven over a rock which has damaged the condenser, and they insist it is a fresh issue and not the same one I initially brought it in for. They are now asking me to pay $800 to fix and keep pulling the "we're just passing the message on from the repairer" nonsense.

What can I do in this situation? I've stated my case via text and have full evidence of all the previous repairs & the agreement in the contract that the air con be repaired. I've only had the car for ~60 days — less if you account for the time it's been in the shop. How can I prove that I didn't cause this issue? I know I haven't driven over any rocks, I only take this damn car out a few times a week to the local shops and the occasional highway drive. Never heard a noise whatsoever, and there are no signs of rocks hitting the bumper or anything.

Advice would be greatly appreciated.

Poll Options

• 305
  Contact the ACCC
• 12
  You're stuffed
• 8
  Take them to small claims court
• 2
  You'll be fine given the circumstances
• 2
  I'd get legal advice

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• 2

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  Aceboy884 on 02/03/2018 - 21:05

  +2

  Sorry to hear

  But I think you got screwed by the dealer

  The fact you’ve went to repair so many times already and it is still not fixed warrants you making a claims with the small claims tribunal

• 

  donga100 on 02/03/2018 - 21:58

  Take it to a repairer of your choice and get it fixed properly then claim costs through QCAT.

  • 

    OGnelz on 02/03/2018 - 23:30

    +1

    I will propose this to them.

• 

  OGnelz on 02/03/2018 - 23:30

  Thanks all for the advice. Another bit of info I forgot to mention - I was advised at each stage that I had to bring it back to them as they had already tried to repair it and "wanted to make sure they sorted it out".

  I even asked if I could take it to the Peugeot branch of their dealer network after the first two failed attempts but was told to bring it back to them, despite being an hour long drive away -_-

  I don't have any evidence as this was phone conversation but I thought it would be worth noting anyway.

  • 

    spackbace on 08/03/2018 - 18:28

    Of course you do, it's Statutory Warranty not Factory Warranty

• 

  echelon6 on 03/03/2018 - 00:24

  Small claims court.

• 

  nobarginsarehere on 03/03/2018 - 04:11

  Peugeot lol

  They are shit cars (all french cars are). I hope you dont make the same mistake again.

  Life lessons come at a cost, good life lessons cost a lot.

• 

  Donaldhump on 03/03/2018 - 08:49

  Get a lawyer and rescind the deal. He will probably cr*p himself.

  Take them to court, be prepared to pay their fees if you lose, or they will pay yours if they lose.

• 

  loropy9 on 03/03/2018 - 13:09

  Go to your local community legal centre (this is what they are called in NSW, not sure about QLD) and ask for free advise. There is a way to lodge a complaint against the dealership with some kind of automotive tribunal with a further option to go in mediation etc. again this is for NSW, maybe different in QLD.

• 

  Melb69 on 03/03/2018 - 13:58

  I think lessoned learned here. Dealers pray on buyers keen optomisim of the buying process. The salesmen take full advantage of that situation. Buyer interested in car. Manages to get a good deal. Salesmen throws in a few extra to close out deal. Buyer is then left with any pain of getting anything fixed even if its a legitamate claim. Firstly Peogeot are known to have quatility problems. My work collegues wife had a new Pug308 from new and did have it for a few years. One day they opened the back door where they have the kids. The dam door almost fell off as the bolts to the hinges were loose. WTF.

  The mistake came knowing that the car already had an issue and taking it knowing even after testing it on pick up that it was not fixed as agreed. Having said that it would have been worth getting an independant AC guy to look at the car prior to purchase/pick up. Its obvious that there were inheresnt issues with the AC line as it needed to be fixed on more than 1 occasions. The dealer has now used the damage from driving get out. Which as you say may well have been there from the start.

  There are no rights for used car buyers it only comes back to the dealers position on if they want to help or not and that is limited once it starts costing them money for the repairs as they cant recoup it back. Unfortunately its not up to your to prove that its a new problem which is very difficult. Going to lawyers may not help either.

  Id purchased a used Audi and only had the 3 months used dealer ship warranty when it started to have water pump issues. Fortunatly that was covered under warranty although it was still a fight to get that done.

  Theres no joy in buying a new or use car when it goes wrong. All you can do is hope for the best. For your next car purchase try looking at all the John Cadogan you tube autoexpert.com.au videos. Greast tips.

  • 

    RockyRaccoon on 03/03/2018 - 19:04

    Look stop wasting time here, you have been given advice to go to people like QLD fair trading, see what they say. Given it needed 3 repairs beforehand to "fix" it the 4th time it now is your fault, would to most be highly unlikely. So their track record goes against them. Far better than a lawyer who will cost and probably have no real idea of how to argue based on mechanical knowledge.

    How can I resolve a dispute with a dealer about repairing the vehicle?

    You should first approach the motor dealer and try to resolve the issue. Each dealer is required to provide a complaints handling procedure under the Code of Conduct. If this does not solve the problem, you can make a complaint to the Office of Fair Trading.

    If the dealer has:

    refused to accept that the defect is covered by the warranty
    failed to repair the defect within the repair period
    failed to repair the defect
    then you can apply to the Queensland Civil and Administrative Tribunal to resolve the dispute. You should get legal advice.

    http://www.legalaid.qld.gov.au/Find-legal-information/Cars-a…

• 

  srhardy on 03/03/2018 - 17:39

  small claims, you will win ~ only way

• 

  [Deactivated] on 04/03/2018 - 20:12

  -1

  Old Peugeot with 90,000km on the clock….

  You may as well of had unprotected sex with a male prostitute while driving at 200km/h (in another car) in the dark with no lights or seatbelt on. Sure - it could all be OK but unlikely….

• 

  hawkeye on 13/03/2018 - 21:10

  Do a drive in and claim not only can't the mechanic fix air con but also brakes. Salesman breaks contracts client breaks legs fair trade.

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