Do I need legal advice about my faulty 10-year-old vehicle?
QUESTION
Hi John,
I have a major problem; I need your valued advise on as I believe I am being conned by local dealer.
I have a 2013 Kia Sorento diesel which I bought two years ago; I’m the second owner with 125,000km on it. I’m pedantic about keeping our car in top condition and well looked-after. It has a full service history with Kia dealers since new.
But four weeks ago, while reversing, there was a noticeable clunk going into reverse and, when driving forward, a very loud clunky noise through the gears. I Immediately took to our local Kia dealer where I have been supporting for the last two years. Their diagnosis was the gearbox is shot and I will need a replacement. The transfer case was spinning and not catching any teeth inside the gearbox / transfer case.
At $5730 for a second hand one, the cause of the problem, they told me, was unequal tyres. This is certainly not me, because I have receipts to prove it.
I rang our RAA Tec advice in Adelaide, spoke to a very helpful guy saying that, in his opinion, it didn’t sound right for the kilometres the car has done. He says it isn’t ‘fit for purpose’ and is a ‘weakness’ in the car; suggested I apply for an ‘Out of Warranty Claim’ and ring Kia Australia to put my case forward.
Unfortunately, I have been messed around for a month now with Kia Australia and our local dealer.
Could you please help me if this true about my car and if what they are saying puts me as at a lost end?
Many thanks in advance,
Adrian
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ANSWER
Adrian,
There’s a legislated guarantee of ‘Acceptable Quality’ in Australian Consumer Law. Part of that guarantee is that products must be ‘reasonably durable’ (irrespective of warranty status). You can Google these terms together with ‘ACCC’ to find out more.
This article might also help: http://www.abc.net.au/news/2011-06-07/broken-but-out-of-warranty-you-still-have-rights/2749924
Now, permit me to be frank: It’s pretty clear to me you don’t know how Consumer Law actually works, in relation to this matter. So you’re in a boxing ring with a professional fighter, and you don’t know how to jab, cross, hook, and slip. Guess who’s going to win?
You need to drop some cash on your lawyer, for 30-60min of their time. Get a ’no shit’ assessment of how to play this, and what it’s likely to cost you. Pro tip: Winning’s not free.
On the one hand they might successfully argue that in nine years and 125,000km a car might reasonably expect some major repairs. To counter this you would need an independent expert to explain, credibly, why this is not true.
Don’t ‘cheap out’ and try to get the advice on how to play this, for free. All free advice is worth exactly what you pay for it.
Best of luck.
JC
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