Know Your Rights - Second Hand Cars

LSirFaffer on 23/05/2024 - 15:17

Note this might only apply to qld. Please check within your own state.

When you purchase a car from a dealer or, in some cases, an auctioneer (grays, pickles etc) you are eligible for a statutory warranty in many cases.

https://www.qld.gov.au/law/laws-regulated-industries-and-acc…

This warranty covers most mechanical defects.

"A statutory warranty will cover most defects. The vehicle has a defect if a part:

does not do what it is supposed to do
has worn out so much that it no longer works.
A statutory warranty does not cover defects in:

tyres or tyre tubes, batteries, fitted airbags or radiator hoses
lights (other than a warning light or a turn indicator light used as a hazard light)
an installed radio, tape recorder or CD player
an aerial, spark plug, wiper rubber, distributor point, oil or oil filter, heater hose, fuel or air filter
paintwork or upholstery
air conditioning ('class B' statutory warranties only).
Statutory warranty also doesn’t cover:

accidental damage due to the buyer’s own misuse or negligence
anything the buyer fitted to the vehicle after the time of sale."

The dealer will try to bullshit to you about it not covering wear and tear, but it does. If the ball joints are worn out, it's covered, if there are oil leaks, it's covered, if your exhaust has a hole in it, its covered, if your gearbox isnt functioning EXACTLY like it should, its covered. The legislation lists very few circumstances where something won't be covered.

If your dealer does try to screw you out of statutory warranty repairs you CAN search for previously judged QCAT (small claims court) cases and use those as evidence to push your case. When they know they won't win in QCAT they will, most of the time, give in to what YOU ARE LEGALLY ENTITLED TO. Make it clear that you will take it that far.

Don't be stupid, or unreasonable. You're not getting a brand new 2024 car to replace the 10 year old lemon you got lumped with, but also don't be afraid to push for your lawfull entitlements under your statutory warranty.

This comes from personal experience.. I bought a car without a mechanical inspection (always get a mechanical inspection). My car ended up needing a good $6000 in repairs, including a replacement gearbox. Yes, I had to fight for it, for nothing more than I was legally entitled. 8 weeks so far and nearly have the car back, but they've caved on everything.

Don't blame the victim. A dealer has to give a statutory warranty so if they choose to sell a car that they know is faulty it's a risk that THEY take. Buyers shouldnt have to foot the bill for a bad trade in the dealer took, then decided to act shady on by selling it as is… but still, get a mechanical inspection if for no other reason that saving yourself the hassle.

Queue the dealers crying about the law screwing them etc.

Automotive

Comments

  • Typical16-bitEnjoyer on 23/05/2024 - 17:43
    +1

    Your biggest issue is you didn't buy a XR6T.

    XR6/50. Booooooooooring. Purple glorified taxi.

    • SirFaffer on 23/05/2024 - 18:03

      T would have been nice, but my p plater son needs to drive my car sometimes and my wife will need to be able to drive it on her Ps when she gets the confidence to try driving again.

      Ill add a turbo to it in a few years with the stock silvertop. 300kw atw will be the goal. Nothing too crazy.

    • SirFaffer on 23/05/2024 - 18:10

      Though to add…. i come from bikes. My last 3 bikes were 2.6 and 2.8s 0-100 and one of them topped out at 270kph… straight line speed is meh. Id rather make the fat ass barge corner better than it should.

  • Myone888 on 24/05/2024 - 08:22
    +1

    Good job, excellent write up on car stat warranty.

  • Sinnerator on 24/05/2024 - 08:45
    +1

    PSA
    the only reason a 'private' sale will go to auction is because they are hiding something
    it is much more difficult to do a test drive inspection etc at auction than normal dealer or private sale

  • knobbs on 24/05/2024 - 09:49

    Care to do over the details/process of finding the problems and calling up Grey's going "Hey you need to fix this under warranty"
    When they respond, "yeah nah"

    I am guessing you need to at least know your way around a car or get a mechanic to do a once over after you get it to find everything.

    • kiitos on 24/05/2024 - 14:02

      I guess op is saying where it's not possible to do a pre purchase inspection, you can more or less rely on the statutory warranty and do a post purchase inspection.

      • knobbs on 24/05/2024 - 14:55

        Yeah I get that and it is news to me so thanks @OP, but I just wanted to know how the whole thing played out, an example to follow sort of

        • spackbace on 24/05/2024 - 19:24

          Would require doing it in the days after collecting the car, as the Qld stat warranty is only 1 month/1,000kms

  • 2esc on 24/05/2024 - 10:05

    A lot of faults may not show up with a basic mechanical inspection.

  • SirFaffer on 24/05/2024 - 20:04

    Got my own car back today.. everything was done. I didn't have to get nasty, I just knew my rights. :)

    • SirFaffer on 24/05/2024 - 20:09

      To add.. the mechanic said it's about the most (dollars claimed under stat warranty for repairs) that he's seen…. that's both good and bad, but it is what it is.

      I will say, though, that the person I was liasing with at AWN was a good chap. We had a mutual understanding that nothing between us was personal and all correspondence was written with respect… that helped.

  • justwii on 24/05/2024 - 22:24

    So at the end who foots the bill?

    • SirFaffer on 24/05/2024 - 22:35
      +1

      Awn cover everything excl oil leaks, grays covers oil leaks.

      Best as I understand it grays have an insurance policy with awn to cover stat warranty claims, but under that policy awn excludes some items, leaving grays to foot the bill for whatever is left… navigating that is the difficult part and really shouldn't be up to the customer, but oh well.

  • gromit on 25/05/2024 - 14:51

    Queue the dealers crying about the law screwing them etc.

    Why would dealers scream, you are paying for the warranty whether u need it or not. Dealers charge everyone more to cover this.

  • Gaz1 on 25/05/2024 - 15:31

    It looks like this doesn't apply to WA (I can't find any mention on the WA consumer websites), but would it apply to a WA resident buying from a QLD based auction company (or from an auction of a car in Queensland)?

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