2015 VF SV6

[greenacc]

That’s something I’d never heard of before, although it does make sense … and the NSW RMS site is oddly quiet about it!

It’s good news though, only lasts 1000km so @Alexander Codey definitely get back to that dealer to report the issue ASAP!

1000km hmmmm, supposing that rule applies in NSW, that would explain the 2 tanks of 98 fuel advice LoL. 2 or 3 tanks and you have exceeded the warranty period. I avoid car dealers like the plague.

 

[Forg]

1000km hmmmm, supposing that rule applies in NSW

No it doesn't, as it turns out ... I Googled it after @kleanphil mentioned it, a nation-wide insurer said it was a Thing and since I had two sources of information I figured it was real.
The link to the MTA that @kleanphil posted says that the general consumer protection laws apply, but it's not an automatic thing that the dealer will necessarily fix it as there's no solid 3 month or 6000km cutoff & the definition of whether or not it was working perfectly when it rolled off the lot is a lot more fluffy.
That MTA page pretty-much says "if your car's outta statutory warranty you've gotta do something with Fair Trading &/or small-claims court" ... good chance you'd win, I guess, but it's still a total PITA.

, that would explain the 2 tanks of 98 fuel advice LoL. 2 or 3 tanks and you have exceeded the warranty period. I avoid car dealers like the plague.

I know they're generally dodgy, but on the other hand, they're also no more dodgy than most private sellers who as part of the "winning the negotiation" approach to life (as we descend into haggle-culture) will happily lie through their teeth to a buyer.

 

[greenacc]

No it doesn't, as it turns out ... I Googled it after @kleanphil mentioned it, a nation-wide insurer said it was a Thing and since I had two sources of information I figured it was real.
The link to the MTA that @kleanphil posted says that the general consumer protection laws apply, but it's not an automatic thing that the dealer will necessarily fix it as there's no solid 3 month or 6000km cutoff & the definition of whether or not it was working perfectly when it rolled off the lot is a lot more fluffy.
That MTA page pretty-much says "if your car's outta statutory warranty you've gotta do something with Fair Trading &/or small-claims court" ... good chance you'd win, I guess, but it's still a total PITA.


I know they're generally dodgy, but on the other hand, they're also no more dodgy than most private sellers who as part of the "winning the negotiation" approach to life (as we descend into haggle-culture) will happily lie through their teeth to a buyer.

Yes sad but true. Just reading most used car adverts, and some may also say new car ads lol it is always on my mind, how many lies can I spot in this one.

 

[Skylarking]

NSW is 3 months up to 160k kms & 10yrs, but nothing when the car’s over.
However that doesn’t absolve them of absolutely all shady behaviours and you’d still have a reasonable chance with Fair Trading if it happened when driving home from the dealer so they may choose to fix it to avoid that hassle.

All states have a used car statutory warrant that’s valid whenever someone purchases a used car from a dealer.

Such a used car statutory warranty is defined within each state via legislation that specifies its duration and the conditions it’s valid, so there can be variances between states. The structure of these used car statutory warranties are usually defined as x months or y kms from the date of purchase but limited in various ways dependant on vehicle age or odometer reading. Also the statutory dealer warranty covers some items within the vehicle but excludes other items.

In NSW the legislation covering such is the Motor Dealers and Repairers Act 2013.

As well there is also protection under Australian consumer law which also provides a buyer with a statutory warranty when a vehicle is purchased from a business. One‘s statutory warranty requires that the product they purchased is fit for purpose and durable among other things. As the statutory warranty duration isn't specifies explicitly, its duration is based on what an average consumer would expect given the price paid and this warranty covers more than the MD&R Act would

One should note that ACL has a higher standard than the old merchantable quality standards of old legislation that the Motor Traders Industry Association of NSW still tout. It may be that the MD&R Act 2013 still uses the old per ACL wording or it may be that the MTIA of NSW is still living in the past, i don’t know which it is though I have my suspicions At least NSW RMS mentions both statutory warranties.

The kicker for used car buyers is that the MD&R Act doesn’t preclude the ACL’s application

So anyone who buys a used vehicle from a car dealer is covered by both the used car statutory warranty (has limits on what is covered) and the ACL statutory warranty (which covers the whole of the product that was purchased). Such gives the buyer another stick to hit any shifty deceptive car dealer with when the buyer has car defects and the car dealer is recalcitrant with repairs…

Obviously the first port of call would be to go back to the dealer and highlight the problem to them in writing so as to memorialise the issue. Then the games can begin…

In relation to vehicle defects, a check engine lamp can be because something may be non compliant with legislated requirements (as all pollution related check engine problems, abs, esc, airbag and other safety system problems would be).

From an ACL statutory warranty perspective, the warranty standards are higher but again the issue would be related to the length of the warranty and related to what an average consumer would expect w.r.t how long the used car they bought should last. I’d say the used car they bought should last more than the drive home and as a minimum be problem free for more than 5000 kms minimum offered by MD&R Act (unless the used car was sold with a prescribed defects notice provided prior to signing the purchase contract -which in itself goes against the legal premise that you can’t sign away your ACL rights … which reminds me of the joke “what’s better than 100 lawyers at the bottom of the ocean?” …. 1000 lawyers )

Really in this case there is plenty of scope to hammer the used car dealer, but as always, having to fight through a tribunal because a recalcitrant dealer is playing hardball is a PITA

 

[Skylarking]

That MTA page pretty-much says "if your car's outta statutory warranty you've gotta do something with Fair Trading &/or small-claims court" ... good chance you'd win, I guess, but it's still a total PITA.

MTA are the industry shrills that use the old pre ACL consumer protection terminology of merchantable quality that was a lower level of protection than that offered under ACL.. I’d ignore those industry sites.

Sadly at times even ACCC take an industry bias over a consumer protection view…

Whatever the case, often you have to fight for your rights under law which is a PITA. It’s especially frustrating as the law doesn’t contain any punitive measures that can be awarded to the buyer and thus act as an deterrent for continued egregious business practices.

 

[stooge]

All states have a used car statutory warrant that’s valid whenever someone purchases a used car from a dealer.

over here in backwards ass wa where we have some of the worst stuff around purchasing motor vehicles the stat warranty only applies to vehicles 12 or less years old or 180,000 kms or less.
if you are over one of those you get fcukall lol

we dont even have a cooldown on the purchase contracts.

over here with a vehicle like the ops you would only have acl to fall back on and i dont think it would be very successful unless you could prove the selling dealer intentionally misled you about the state of the vehicle or the vehicle is unroadworthy.

 

[dassaur]

we dont even have a cooldown on the purchase contracts.

Cooldown lol. Too much gaming @stooge ?

 

[stooge]

Cooldown lol. Too much gaming @stooge ?

Yep global cooldowns are a pita

 

[Skylarking]

over here with a vehicle like the ops you would only have acl to fall back on and i dont think it would be very successful unless you could prove the selling dealer intentionally misled you about the state of the vehicle or the vehicle is unroadworthy.

I wouldn’t call ACL a fallback other than it’s a PITA to demand your rights in law are honoured, according to law, which sometimes requires a tribunal or small claims court to be involved.

The kicker in ACL is that it warrants used products just like it does for new products and the only variable is the duration which is as long as an average consumer would expect…

I’d hazard a guess that the average consumer could base their statutory warranty duration expectations partly on a proportion of what a new car costs and how long a new car warranty may be… that is a used car cost 1/3rd that of a new car so should have 1/3 the warranty... given that these days 5 & 7 year factory warranties are becoming the norm, this raises expectations of the average consumers of used cars. It may indeed be fair in the mind of an e consumer that their ACL stat warranty is much longer than the feeble 3 months used car stat warranty.

There has already been at least one ruling deciding that used products are protected by ACL but I don’t believe that was in the used car market(not the such matters).

As is used cars are definitely covered by ACL and the only outstanding issue is what the statutory warranty duration is reasonable (and I don’t believe it’s limited by used car legislation). Obviously used car dealers will always cite the used car legislation as being the premier legislation that governs all and protects both the seller and buyer but that’s just not the case… ACL is the buyers premier protection in law

Whatever the situation, it would make an interesting legal argument for those who wear the silly wigs and coats. More interesting than idiot arguments of absolute immunity that one ex-presidents is using to delay delay delay in the hope of being a dictator for a day that will ultimately bring a never-ending nightmare for us all.

PS: WA seems a bit fcuked up in their logic as it seems odometers aren’t covered in used car statutory warranty yet I always understood they are a roadworthy item (and dealers can get into some serious trouble if they are wound back)… Ah you gotta love these legal wiggle room inconsistencies,not

 

[Forg]

The kicker in ACL is that it warrants used products just like it does for new products and the only variable is the duration which is as long as an average consumer would expect…

I’d hazard a guess that the average consumer could base their statutory warranty duration expectations partly on a proportion of what a new car costs and how long a new car warranty may be… that is a used car cost 1/3rd that of a new car so should have 1/3 the warranty... given that these days 5 & 7 year factory warranties are becoming the norm, this raises expectations of the average consumers of used cars. It may indeed be fair in the mind of an e consumer that their ACL stat warranty is much longer than the feeble 3 months used car stat warranty.

What if most people expect that if you drive an over-10-year or over-160k-km car off a dealer lot, the dealer washes their hands of it & all risk is on you?