Presumably it was sold with some sort of road worthy certificate. I would think rust on your floor plan is a safety issue and therefore the vehicle is not roadworthy. Ask for your money back, if he refuses make a complaint to consumer affairs.
2nd hand car dealership
G day ,could you please help me. I rushed out and bought a 2nd hand prado. When i looked at it, it looked fine, but when I got it home and upon further inspection I have now found rust up under the dash, under the seats. So I think the cat has been under salt water. It has been 1 day since i signed for the car.
Can anyone offer me some advice on what legal stance I have? Dose the dealership have to refund my hard earned money, or i'm stuck with a $15k rust bucket?
Oh yeah gday all, thanks for your time to read this.
| Look Here -> |
Presumably it was sold with some sort of road worthy certificate. I would think rust on your floor plan is a safety issue and therefore the vehicle is not roadworthy. Ask for your money back, if he refuses make a complaint to consumer affairs.
Maybe take it to the NRMA (or equivalent) for a full report and if they consider unroadworthy, you might also be able to approach the RTA (or equivalent) for advice.
BUYING FROM A MOTOR VEHICLE DEALER
When you purchase a vehicle from a motor vehicle dealer you are protected by the Sale of Motor Vehicles Act 1977. The principle benefits include a 'cooling off' period, guaranteed title and, in certain circumstances, warranty provisions.
Cooling Off Period
There is a three (3) clear business day cooling off period in which you may reconsider the purchase of a new or second hand motor vehicle.
Example
If you sign a purchase agreement on a Friday you have until close of business Wednesday to change your mind. Saturdays, Sundays and public holidays are not considered business days.
If you decide to terminate your agreement you must do so in writing to the dealer. Your written notice must be received within the three day period.
Deposits are not totally refundable if you change your mind - so be careful. If you terminate the purchase agreement, a dealer is legally entitled to retain $100 or 1% of the purchase price of the vehicle, whichever is the greater amount.
A consumer can only sign away the 3 day cooling off period if they sign a waiver immediately before taking delivery of the car/vehicle. Just signing a waiver OR taking delivery of the vehicle does not relinquish your cooling off rights.
Used Car Warranty.
G'Day Cobber,Originally Posted by lennyg
You have not said which State that you are in.
There are Departments of Fair Trading in each.
So much depends on the actual circumstances.
Do a Google search with " second hand car warranty rights " to refine your States' obligations and recourse.
Kindest Regards, " The Druid ".
If you're a member of your state's motoring body - NRMA, RAA, RACV, RACQ etc, they usually offer free legal advise.
If not, I'd be seeking advise from your office of consumer affairs and then talking to the dealer. (Good luck with that...)
Yep take her back if it was purchased from a registered motor trader, otherwise if you got it privately find another sucker to move it on to.....
OK I see now your in NSW
not as much protection, did the dealer help you with finance?
There is a 'cooling-off period' that applies if you purchase a car from a dealership and the dealership:
•arranges your loan for the car, or
•supplies application forms for, or a referral to, a credit provider. This is called a linked credit arrangement.
Under these circumstances only, there is a 'cooling-off period' giving you 1 day to change your mind. The cooling-off period begins when the contract is entered into and generally closes at 5pm on the next day that the dealer is open for business.
Note that the cooling-off period does not apply to motor cycle purchases.
During the cooling-off period the purchaser can cancel the contract by signed, written notice given to the dealer. The purchaser will be liable to pay the dealer $250, or 2% of the purchase price, whichever is the lesser amount.
Top of page
Time could be your problem also if you purchased on friday, but id take it back first thing Monday anyway and give it a go, Who knows they may not have known and may be concerned about reputation?
But then pigs might fly.
why did you rush out and buy a used car? it is not as if theres a shortage of them
The power of accurate observation is commonly called cynicism by those who have not got it.
I'm closing this, one thread is enough.
Posting Permissions
Bookmarks