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Old 03-07-2020, 03:51 PM   #1
irvinnie
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Default Used car statutory warranty and oil leaks

Just after a little advice from anyone that may know what used car statutory warranty covers regarding engine oil leaks. Recently purchased a FGX G6E turbo that has a timing cover oil leak. The car is dropping 1-2 drops every night into the garage floor. I have been advised by the dealership that the car was purchased from that they have deemed the leak to be minor and not covered.

I have spoken to consumer affairs regarding it and there only advice was that it can be determined by VCAT. Has anyone had any similar experiences and what was the end result?




Excuse the photo rotation being wrong

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Old 03-07-2020, 03:53 PM   #2
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Default Re: Used car statutory warranty and oil leaks

See my reply in your other thread.

My understanding is if still within Limitation period then yes definitely should be covered.

Just google "NSW/Vic Car Statutory Warranty". Consumer law and Fair Trading has plenty of info.

VCAT is a Tribunal for disputes not the law itself. If the Dealer refuses to comply then yes that would be your avenue for resolution.
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Old 03-07-2020, 03:58 PM   #3
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Default Re: Used car statutory warranty and oil leaks

Would have thought a leak at that rate would have had to have been repaired for the roadworthy?
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Old 03-07-2020, 04:09 PM   #4
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Default Re: Used car statutory warranty and oil leaks

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Originally Posted by FoxtrotGolfXray 5.0 View Post
Would have thought a leak at that rate would have had to have been repaired for the roadworthy?
Doesn't matter regardless. It's a repair issue that has arisen within the legal period just like a new car (albeit obviously a much shorter period).

Car dealers almost always refuse in the first (and second) instance to save money. They have a bad reputation for a reason. (generally, not all)
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Old 03-07-2020, 05:23 PM   #5
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Default Re: Used car statutory warranty and oil leaks

That intercooler doesn’t look stock to me...
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Old 03-07-2020, 05:29 PM   #6
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Default Re: Used car statutory warranty and oil leaks

Just shows that one shouldn’t take much notice of dealership roadworthy certificates,although it is NSW where their roadworthy standards seem pretty slack.
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Old 03-07-2020, 05:29 PM   #7
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Default Re: Used car statutory warranty and oil leaks

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Originally Posted by boss351290 View Post
That intercooler doesn’t look stock to me...
The OP has changed it as per his thread.

Now I forgot that as yes.........even though unrelated may cancel any warranties
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Old 03-07-2020, 07:33 PM   #8
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Default Re: Used car statutory warranty and oil leaks

This has been a long drawn out saga and with the car almost out of warranty (kms not time) the car was repaired today at my expense. The dealer the car was purchased from has been made aware of the issue for some weeks now and were still refusing to accept liability for it. I had my local ford dealer do the work and they have been kind enough to write a report to the affect that the oil leak was sufficient to make it unroadworthy.

I have sent the report and the invoice to the dealer with a time frame to reimburse me otherwise I will take the matter to VCAT. Will see how they respond
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Current rides

2014 FGX G6E Turbo Tuned by Walter@Oztek performance 504rwkw on e85/420rwkw on 98 with a PCMTec flex fuel tune

Previous rides
- 2010 FG GT (335 build #152) 437rwkw
- 2012 XR6 turbo Ute 345rwkw
- 2007 Force 6 (build #91) 330 rwkw
- 2010 GTE (build #2) 425rwkw
- 2010 50th anniversary turbo ute 365 rwkw
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Old 03-07-2020, 10:17 PM   #9
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Default Re: Used car statutory warranty and oil leaks

Quote:
Originally Posted by irvinnie View Post
This has been a long drawn out saga and with the car almost out of warranty (kms not time) the car was repaired today at my expense. The dealer the car was purchased from has been made aware of the issue for some weeks now and were still refusing to accept liability for it. I had my local ford dealer do the work and they have been kind enough to write a report to the affect that the oil leak was sufficient to make it unroadworthy.

I have sent the report and the invoice to the dealer with a time frame to reimburse me otherwise I will take the matter to VCAT. Will see how they respond
I see you have N.S.W. Rego on your car. I assume you Bought the car from a Victorian Dealer,hence Your intention to file a claim with VCAT. !
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Old 03-07-2020, 10:37 PM   #10
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Default Re: Used car statutory warranty and oil leaks

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I see you have N.S.W. Rego on your car. I assume you Bought the car from a Victorian Dealer,hence Your intention to file a claim with VCAT. !
It's completely irrelevant.

VCAT didn't put pictures on him modding it inside warranty......crazy.

It's a used car and I'd be ****ed off too if a home mechanic (clearly **** one if can't fix it himself) mods cars heavily after purchase then cries wolf on a leak.

A dealer might give in.....

This stupidity undermines the intent of the legislation.

Last edited by MercuryT; 03-07-2020 at 10:50 PM.
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Old 03-07-2020, 11:01 PM   #11
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Default Re: Used car statutory warranty and oil leaks

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Originally Posted by MercuryT View Post
The OP has changed it as per his thread.

Now I forgot that as yes.........even though unrelated may cancel any warranties
Don’t worry he knows it isn’t stock.. he helped me fit it he even appears in one of my photos fitting it.
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Current rides

2014 FGX G6E Turbo Tuned by Walter@Oztek performance 504rwkw on e85/420rwkw on 98 with a PCMTec flex fuel tune

Previous rides
- 2010 FG GT (335 build #152) 437rwkw
- 2012 XR6 turbo Ute 345rwkw
- 2007 Force 6 (build #91) 330 rwkw
- 2010 GTE (build #2) 425rwkw
- 2010 50th anniversary turbo ute 365 rwkw
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Old 03-07-2020, 11:12 PM   #12
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Default Re: Used car statutory warranty and oil leaks

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Originally Posted by irvinnie View Post
Don’t worry he knows it isn’t stock.. he helped me fit it he even appears in one of my photos fitting it.
Ok cool.

Good luck then.

Key word "luck". I'd have it thrown out in 1 minute so get a good one (I agree with you leaks etc unacceptable but you modded etc)

VCAT aren't too harsh but it'll cost you if lose.
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Old 03-07-2020, 11:18 PM   #13
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Default Re: Used car statutory warranty and oil leaks

I should know as I'm part of the advice to set up an equivalent of VCAT in Tassie. (I'm Property Law but it has similarities between matters)

We are always behind but lucky to learn lessons from failing bigger States.......clearly hence thread. (and Covid)
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