Buyer cooldown period on used cars?

Angeldust · 07-08-2012, 05:42 PM

ok. i need to know where i stand.

i traded my car on a certified holden used vehicle from a Holden yard.
I got finance through Holden on the new one. They deal was signed on thursday 2nd aug and they let me drive the car home same day.

i had to return it on friday for a check engine warning light, which they looked at but when i drove it home that afternoon from work it still had the same problem. The car got booked in on monday (yesterday) and they have had it all this time and still want it tommorow to fix whatever problems it has.

Now at this point i would like to back out of this purchase.

How long is my buyer cool-off period and can i still get a 'refund' or is it too late? Im in brisbane btw.

Thanks for any input.

AU Mont · 07-08-2012, 05:48 PM

too late.

Because they let you take the car home immediately you may have also signed a waiver cancelling any cooling off period

these days check engine warning light is usually very minor, however finding the sensor/culprit causing it can take sometime. Just wait patiently for them to fix, surely the cause is traceable.

Angeldust · 07-08-2012, 06:02 PM

thats real crap then. ive got an anxiety attack over it.

the car does have a 3 month warranty on everything though.

unclewal · 07-08-2012, 06:04 PM

Pretty sure there is no cool off period once the car has been delivered. Lemon laws dont apply in this situation as its a second hand vehicle. They must fix it and you can refuse to take it back until it is resolved. Apart from that ring fair trading and see what they have to say about it. Hope all works out for you, might be something simple

blueoval · 07-08-2012, 06:14 PM

The contract I signed when I bought my car was 72hours cooling off from the time/day of signing, but I also has them stipulate in writing that it was subject to customer satisfactory finance. Meaning that if I could not get the finance I wanted (which I clearly told them on the day about) then it would be a no go, but me signing the contract, placing a deposit, would hold the car till I said otherwise.

Lucky I had my answer regarding finance 1 hour prior to cooling off ended.

You need to read your contract, terms and conditions clearly to check what you have signed for and waived.

Angeldust · 07-08-2012, 06:18 PM

yep just checked on fair trading website, once u take possesion of the vehicle, thats it.

crap... i now own a VZ clubsport HRT edition...

thanks for the help.

Bossxr8 · 07-08-2012, 06:33 PM

Holden certified.

Certified to be rubbish?

blueoval · 07-08-2012, 06:37 PM

In this situation, the best thing you can do is to get an independent vehicle inspection done on the car. Get them to go thru any warranty based issue and put it in a report.

Once you get the report, take the car back to the dealer, give the dealer a copy of the report and tell them you would like these things rectified and that you will be getting it checked again to prove that what is listed has been done satisfactorily.

At this point, you don't need to act like a w@nka to them, just show them that you mean business and in accord with the fair trade act, they need to adhere to the regulations you are entitled to pursue.

Most will try and do the cheapest, quickest fix to get you out of their hair in hoping you wont come back and you forget all about the statutory 3 month warranty. But if you stick to your guns, and 'almost' make yourself a semi nuisance with getting things spot on, you will find they will want to do the job properly so they don't see your face again.

Here is an example:
I bought a second hand EB XR8 about 10 years ago from a well known Holden dealership here in SA. It had a massive misfire which I didnt spot at the time of test driving. Made the car stall (it was auto btw) and would be an absolute pain to deal with. I went back about 15 times to the dealer to check it, and fix it. Each time they said, they couldn't find the problem. I explained to them clearly under what conditions it was happening and it was only when I insisted on taking them for a drive that it decided to play up, they would understand my frustration.

In the end, they held onto the car for about a week, changing TPS, swapping TB's, adjusting this, changing that, and finally it came down to the ECU being stuffed somehow that the problem was solved. It was only due to the tenacity I had to bring to the table, that they knew I was very serious about getting this issue fixed on their watch, and I wasnt going away.

You will get this sorted some how Angeldust. You just got to show them that you want the car running perfect while its under warranty.

Good luck

sneaky · 07-08-2012, 06:50 PM

Quote:

Originally Posted by Angeldust

i now own a VZ clubsport HRT edition...
.

i wish i had one of those, but without the problems you are having

GTP534 · 07-08-2012, 08:15 PM

If its the standard MTA contract, even if you take delivery the same day you can terminate the contract by 5pm the next business day from the day you signed. The dealer has agreed to let you take the car. The contract stipulates the obligations of the dealer and the purchaser if the contract is terminated. The only out the dealer has from this is if you waived your cooling off period rights.

As it seems more than 1 business day has passed since you signed the contract it's too late to back out as the dealer has delivered the vehicle.

I've just been through the exercise, I ordered a vehicle but changed my mind after some reflection and made sure I cancelled in writing by 5pm the next day.

Edit: Just saw you're in Brisbane; I was commenting on the NSW MTA contract.

IceValk85 · 07-08-2012, 10:52 PM

only 50 built and it will have the 6 litre. very nice kit.

im sure they will chase the sensor fault down somewhere.

get them to tell you the codes and have a look on google yourself

Ice

XARATE · 07-08-2012, 11:06 PM

Something to remember too- for every day they have the car whilst conducting warranty work a day is added to the length of the warranty. Now naturally thay wont like that and will try to fob you off but hold your ground

On the flip side it sounds like they are genuinely trying to fix the issue.

Angeldust · 08-08-2012, 05:33 AM

yep its a beautiful car, and goes like absolute stink too, the 6ltr is a awesome engine, and hopefully i can pick it up again this afteroon. It does feel special and knowing that there's only 50 of them made.

This is why i couldnt walk past it and leave it alone. HAD TO HAVE IT!

Yeah i know this is a ford forum, sorry guys, but i know this is a good forum with lots of knowledgable people that appreciate all cars.