Purchased Used Car from a Car Dealer - Is Not Fixing Faults

Stylekind on 27/07/2022 - 11:54
Last edited 27/07/2022 - 12:44 by 1 other user

Bought a 2009 Commodore VE on 30 Jun 2022 with RWC!

After driving it for one day noticed an LHD shocker making loud noises - long story short he managed to fix the issue after 8 days. Got the car back and after driving for 2 days, the check engine light come on showing Transmission fault codes .. took it to a mechanic, and it turns out the transmission is faulty and needs to be replaced! The car dealer is not replacing or returning the car.

What are my options?

-The actions I've taken so far is lodging a claim on Consumer Affairs Victoria

Thank you

Automotive

Comments

  • Hybroid on 27/07/2022 - 11:58
    +4

    Which state are you in? Here's the guarantee rules for NSW:-

    The dealer guarantee for a second-hand motor vehicle which had driven less than 160,000 km and was less than 10 years old when purchased is limited to 5,000 km after purchase, or three months after purchase, whichever occurs first.

    https://www.fairtrading.nsw.gov.au/cars-and-other-vehicles/b…

    If you satisfy these and dealer still not complying, then looks like a call to Fair Trading. But being 2009 then seems unlikely to be covered?

    • Stylekind on 27/07/2022 - 12:07

      Victoria.. and I don't think it will cover it since the car is 2009 and has done 250KM

      • wiipantz on 27/07/2022 - 12:19

        … just why?

      • brendanm on 27/07/2022 - 12:36
        +2

        Then you have no recourse.

        • vinni9284 on 27/07/2022 - 13:59

          ACL has recourse of items that have catastrophic failures; have passed their warranty periods, cost vs value ratios. Why would this be different? The car was purchased through an LMCT with an invoice

          • brendanm on 27/07/2022 - 16:10
            +1

            @vinni9284: It's a 13 year old car with 250k kms.

            • vinni9284 on 27/07/2022 - 18:05
              +1

              @brendanm: Would you suck it up if it happened to you?

              • brendanm on 27/07/2022 - 19:08
                +5

                @vinni9284: No, as I'm a mechanic, and if I weren't, would have done a pre purchase inspection. In addition, I wouldn't have purchased a 13 year old ve commodore with 250k km and expected no issues. If there was an issue however, with that age and kms, it's the same as buying from a private seller, so yes, would have to suck it up.

      • ThithLord on 27/07/2022 - 14:09

        Check the legislation, in QLD I was advised of a 30 day warranty for 8yo car. Be quick!

  • PensionerXXL on 27/07/2022 - 12:05
    +16

    return the car to the dealership @ high speed and park it in his office

  • pinchies on 27/07/2022 - 12:05
    +5

    If the dealer has "cleared codes" at time of sale to hide a defect, those codes normally come back pretty quick. 2 days after purchase sounds about right. If the dealer said the car had no preexisting faults then I would say you have a case to be made about the car being misrepresented. How many KM have you done since purchase?

    • Stylekind on 27/07/2022 - 12:11

      Yes, they might have cleared the code this is what the other mechanic said - the Dealer keeps saying that the car was perfectly fine and that the faulty happened after the purchase ..

  • vinni9284 on 27/07/2022 - 12:09
    +2

    Contact fair trading about your issue. Although the statutory warranty may not be enforced due to age & kms, you can still try to prove the they have sold you knowingly was a lemon.

    • Stylekind on 27/07/2022 - 12:16

      I think in Victoria we have Consumer Affairs - I already logged a claim to Consumer Affairs but I don't think they will do anything with the dealer

      • vinni9284 on 27/07/2022 - 12:19
        +1

        You can write an official "letter of demand" outlining of the issues and what you would like to rectify. Personally, I would go to a trusted mechanic and get an overall mechanical report on the car and attach this to the letter if the transmission fault was found. They will reply like "we didn't know" etc but be firm and they may be some recourse. At the end of the day, the car yard may be innocent and they may offer some sort of support to remedy. Good luck

        • Stylekind on 27/07/2022 - 12:21

          Yeah sounds like a good thing to do to support my claim - thank you

  • AndyC1 on 27/07/2022 - 12:11
    +4

    Did you get the car inspected by any mechanic before you bought it? If you did then what did they say?

    • Stylekind on 27/07/2022 - 12:13

      No, I didn't get any pre-purchase inspection unfortunatly :(

      • AndyC1 on 27/07/2022 - 12:16
        +2

        Then unfortunately it sounds like you may have learnt a lesson in buying a used car without any warranty or pre inspection by a mechanic/NRMA/RACQ/RACV etc.

        The lesson being make sure you get a used car inspected before you sign anything or put a deposit down.

        • Euphemistic on 27/07/2022 - 12:30
          +1

          As mhbas you should get a prepaid chase inspection, in this case it’s fairly unlikely it would have been picked up unless the transmission didn’t shift well or similar.

          If the code has been cleared, and didn’t reappear during any test drive the inspector did, then ‘it’s all good, but I’m not liable’

          • AndyC1 on 27/07/2022 - 15:40

            @Euphemistic: So your advice is to do a test drive and NOT get it inspected?

            • Euphemistic on 27/07/2022 - 16:18
              +1

              @AndyC1: No, but you need to know what limitations there are with pre purchase inspections. They look over the vehicle for obvious leaks, damage etc. They check fluids, tyres etc, listen to the motor and test drive. They may connect to the diagnostics to see if there are any codes, but can’t see what isn’t there (or has been cleared). They don’t open up the engine or transmission or anything like that.

              But FWIW, I have never had a pre purchase inspection done, but have a reasonable mechanical knowledge and do my own inspection.

  • MS Paint on 27/07/2022 - 12:21
    +7

    13yo commy with 250k kms.

    It's just bad luck dude.

    Nevermind, the timing chains will go soon so at least you avoided that issue

    • vinni9284 on 27/07/2022 - 12:24

      Yes. My friend flogged his car due to that issue. The earlier BA XR8's were also prone to those

  • Trying2SaveABuck on 27/07/2022 - 12:34

    13yo Commador with 250k kms - a car known to not have a 'good' life span and you are moaning?

    you didn't buy a lemon, you got what you paid for….you're wasting your time with VCAT they will probably throw this out

  • happydude on 27/07/2022 - 12:43

    the car is 2009 and has done 250KM

    How much does one pay for a car such as this?

    • wiipantz on 27/07/2022 - 13:35

      Too much… economy or not it wasn't a lemon it was done

  • Bid Sniper on 27/07/2022 - 12:43

    Earth/Circumference = 40,075 km

    Car you bought did over 6 laps, what were you expecting?

    • Euphemistic on 27/07/2022 - 13:00
      +2

      But they do 161 laps of Bathurst!

    • vinni9284 on 27/07/2022 - 13:49
      +3

      Yeah, but you don't expect the car to have transmission issues after driving it off. The OP purchased it from a Used Car dealer and not private. They are an LMCT. I wouldn't expect the car to be perfect but not cost you the price of the car to repair just after purchase.

      I wonder how the dealer advertised the car? "Perfect for budget, reliable … etc"

      • Euphemistic on 27/07/2022 - 14:06
        +1

        You (and possibly OP) obviously haven’t heard of the reputation of used car dealers. Then there’s used car dealers in the bracket of $5-$10k where this commodore would sit. They sell all the leftovers from new car dealer trade ins. The cars that the new car dealer thinks are too risky.

        • vinni9284 on 27/07/2022 - 18:09
          +1

          Yes I have and agree regarding leftovers. I have purchased 5 used cars in 6 months so you can say I have "some" experience. Regardless, I wouldn't expect a catastrophic issue like a trans needed to be reco'ed

        • [Deactivated] on 27/07/2022 - 20:10

          i had a problem with my car bought from a used car dealer (carmart, dont trust them), thankfully it was a rather cheap fix (spark plugs + high tension leads) compared to what it could have been, but my car is also 10 years older and has 100k less KMs than this guys

  • JafferMoney on 27/07/2022 - 13:18
    +3

    You bought a sh*tbox…what did you expect?

  • pegaxs on 27/07/2022 - 14:21
    +1

    lol @ 13yo shitbox not being fixed by the dealer that has done 250,000km :D

    Yeah, good luck with Fair Trading Consumer Affairs…

    From the Vic Consumer Affairs website in reference to statutory warranties…

    What is a used car statutory warranty?

    A licensed motor car trader must provide a statutory warranty if the car:

    • is less than 10 years old, and
    • has travelled less than 160,000 kilometres.

    Note: the car's age is determined by the date stamped on its build plate, usually found on the firewall between the engine and passenger compartments.

  • SF3 on 27/07/2022 - 15:09
    +1

    Bought a 2009 Commodore VE on 30 Jun 2022 with RWC!
    After driving it for one day
    done 250KM

    Not meant to last, it was ok on the day of RWC.

    Better luck next time.

  • randomusername2017 on 27/07/2022 - 15:30

    Trade up for a 20yo BMW instead…

  • Euphemistic on 27/07/2022 - 19:58
    +3

    It’s crummydore. There’s a million of them. Head down to your local wreckers and get a second hand box. Then head over to your local bogan hangout with a carton or three and meet some new mates who will switch it out in their driveway.

  • Stylekind on 28/07/2022 - 11:00
    +3

    finally and after long discussions with the dealer :) I managed to get the dealer to pay half of the cost

    • vinni9284 on 28/07/2022 - 17:37

      There you go! Well done! For many suck it up it's an old car comments, persistence prevails!

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