I think the car dealership sold me a car with a roadworthy certificate yet I'm still waiting for a part to be replaced

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Customer: I think the car dealership sold me a car with a roadworthy certificate yet I'm still waiting for a part to be replaced that deems it not roadtworthy compliant. I think I've been sold a car that is technically roadworthy on paper and that's it. The car almost broke down on my way home I made a uturn straight back to the yard. I purchased it last Wednesday picked it up Thursday all light came on engine etc....not even 2hours in my position i dropped it back to the yard. He called claimed it had been fixed just had to top it up with oil so i wwnt back to pick it up. As i drove home home all the lights came on again. I pulled over to call him and said i will be dropping the car off first thing in the morning. The Friday just gone. I picked up the car yesterday 5pm said it should all be fixed now cleaned the pipes was clogged with oil. I drove home all the lights came on. I have booked it in for a full inspection at Honda seeing it is a Honda CRV. I don't think this car is legally fit to be on the road let alone sell. He assures me it's roadworthy provided me with a safety certificate yesterday not the day I purchased it. Can I get my money back.
JA: The Lawyer can help you determine if that's legal. Where are you located? These laws vary by state.
Customer: I'm in Queensland
JA: Anything else you want the Lawyer to know before I connect you?
Customer: À He
Answered by John Melis in 28 mins 2 years ago
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

All motor dealers in Queensland must have a licence to sell:

  • used cars
  • other used vehicles.

When you buy a used car from a licensed dealer, you are entitled to:

If a motor dealer sells a vehicle privately, they must tell you they are a licensed dealer.

Statutory warranty covers you when the vehicle’s:

  • odometer reading is less than 160,000km
    and
  • date of manufacture is less than 10 years before the sale date.

The warranty expires after 3 months or the first 5,000km.

Your statutory warranty will cover most defects. Your 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)
  • installed radio, tape recorder or CD player
  • aerial, spark plug, wiper rubber, distributor point, oil or oil filter, heater hose, fuel or air filter
  • paintwork or upholstery.

Statutory warranty also doesn’t cover:

  • accidental damage due to your own misuse or negligence
  • anything that you fitted to the vehicle after the time of sale.

You may have a claim under section 18 of the Australian Consumer Law for misleading and deceptive conduct. In general, misleading someone may include conduct ranging from lying to them, to making false or inaccurate claims, to creating a false impression, to leading them to a wrong conclusion, to omitting important information. Importantly, it is not necessary to establish that the trader intended to mislead or deceive. A person or corporation may have engaged in conduct that was misleading or deceptive even if they have acted honestly and reasonably. Silence may constitute misleading or deceptive conduct, but this will depend on the circumstances of the case.

An objective test is used to decide whether conduct is misleading or deceptive. The court or tribunal will consider whether the conduct was likely to mislead or deceive members of the class or group of persons to whom the conduct was directed.

The seller cannot rely on a disclaimer or exclusion clause to protect themselves from misleading or deceptive conduct. However, the fine print will still be considered.

Your claim may be brought into the local tribunal.

You can run the case yourself as the tribunal is designed as a low cost forum to resolve disputes.

The QCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The matter is Civil.

You will be the applicant and the insurer the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted.

What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The following link will assist you further.

https://www.qcat.qld.gov.au

You may have a claim under section 18 of the Australian Consumer Law for misleading and deceptive conduct. In general, misleading someone may include conduct ranging from lying to them, to making false or inaccurate claims, to creating a false impression, to leading them to a wrong conclusion, to omitting important information. Importantly, it is not necessary to establish that the trader intended to mislead or deceive. A person or corporation may have engaged in conduct that was misleading or deceptive even if they have acted honestly and reasonably. Silence may constitute misleading or deceptive conduct, but this will depend on the circumstances of the case.

An objective test is used to decide whether conduct is misleading or deceptive. The court or tribunal will consider whether the conduct was likely to mislead or deceive members of the class or group of persons to whom the conduct was directed.

COMPETITION AND CONSUMER ACT 2010 - SCHEDULE 2

The Australian Consumer Law

18 Misleading or deceptive conduct

(1) A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.

(2) Nothing in Part 3-1 (which is about unfair practices) limits by implication subsection (1).

The seller cannot rely on a disclaimer or exclusion clause to protect themselves from misleading or deceptive conduct. However, the fine print will still be considered.

Your claim may be brought into the local tribunal.

You can run the case yourself as the tribunal is designed as a low cost forum to resolve disputes.

The QCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The matter is Civil.

You will be the applicant and the insurer the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted.

What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The following link will assist you further.

https://www.qcat.qld.gov.au

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
Is it illegal for a dealer to sell a car that is not roadworthy?
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John Melis, Expert

yes it is

Customer
Can I get a full refund on this alone
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John Melis, Expert

yes it is possible

Customer
I wish i could ring but this will have to do as I've used all my funds to purchase my car. Sorry if I'm typing too slow.
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John Melis, Expert

If you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the details on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.

Customer
Do I pay the $8 now before the call?
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John Melis, Expert

ok

Customer
Hi John i have sent you and update on the car inspection to your mobile with a picture of the list of things that needed repairing. Not sure how this works do I continue to correspond via this website or the mobile you sent me. Just an update and a big thank you.
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