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Australia`s Consumer Law codifies consumer protection and blames businesses for shady trade with consumers. It replaces the old national and territorial laws on consumer protection. If you are an individual who sells a car through a website such as carsales.com.au, you are also subject to ACL restrictions, although ACL is more difficult for authorized car dealers. You have certain rights when you purchase a used vehicle from an authorized dealer. Essentially, a dealer is required to provide a safe vehicle of acceptable quality, taking into account the age, mileage and purchase price of the vehicle. A consumer may find that neither the ACL nor the factory warranty covers the cost of repairing a vehicle if the damage/defect is directly due to misuse by the vehicle operator. According to ACL, a consumer can request a replacement of a vehicle if it is essentially not passable and the dealer cannot repair the vehicle in an appropriate condition. This is the case even if the warranty has expired. Buying from an authorized car dealership may cost more than a private sale, but it`s the safest way to buy a used car. The laws surrounding buying a used car are often not as black and white as you might think.
Often, problems are solved only through negotiation, because there is no clear legislation. In such cases, do not forget to be kind! You will go much further. Australia`s Consumer Law is a national law that protects consumers like you and me, and yes, including car buyers all over Australia. The vehicle is of acceptable quality if it seems durable, free of defects, safe, in good condition and is used for cars of this type. If the vehicle does not meet any or all of these conditions, buyers can invoke consumer law and expect it to protect them. The Fair Trading Act creates “consumer guarantees”. By law, a car dealership must disclose to consumers information that could influence a consumer`s decision to buy a vehicle or at a certain price. The information must be attached to the dealer`s notice attached to the vehicle for sale. It includes: A consumer guarantee does not need to be written in the contract. It is “guaranteed” by law. A vehicle is not of unacceptable quality if the consumer should have examined the vehicle before accepting the sale and if the examination should have shown that the vehicle was not of acceptable quality. Prestige argued, among other things, that the coolant problem at the time of the second return of the vehicle in December 2015 was due to wear and tear and was not covered by the warranty.
The third time, the coolant problem was no longer covered by the legal warranty, as it had expired on January 14, 2015. Prestige also claimed that when performing diagnostic tests to determine the cause of the error message displayed on the vehicle`s dashboard, no error code was detected and therefore no repairs could be carried out. On this point, Mr. Parrin, Prestige`s after-sales service manager, agreed that the problem could be a voltage or battery problem that could have been caused by a problem with the alternator, although no testing was done on the alternator itself. • If the rejection period has expired • If the consumer has lost, destroyed or disposed of the vehicle • If the vehicle has been damaged after the consumer has received it • If the vehicle or part of the vehicle has been attached to another property and cannot be removed without damage • If the vehicle has been exposed to misuse by the owner, “Acceptable quality” does not mean “brand new”. When it comes to a used vehicle, acceptable quality is judged based on the following criteria: According to the Australian Consumer Code, new cars and even used cars you buy must match the seller`s description or the qualities indicated in the model or sample. All states incorporate the ACL into their laws. National and territorial consumer protection laws regulate car transactions carried out through auctions and private sales, unless the purchase contract expressly excludes it.
Consumers should be informed if the workshop uses refurbished spare parts instead of new parts. A serious failure of a workshop may lead the consumer to demand reimbursement of the difference between the indicated price of the service and the final result. .
