01 June 2018
Consumer Law (QLD)
We have a client who purchased a second hand ute (not a one-tonne) aged 6 years old with 80,000 km on the clock. Three weeks after purchase and with 3,000 km added to the clock the ute decided to have a major engine failure. Our client had the ute towed to the dealer who said our client mis-treated the car therefore is not covered under warranty. Please advise as to how we should proceed.
Thank you for the question.
An expert report from a qualified mechanic will be needed to support your client’s position. Submission of that report to the dealer by you should be sufficient to resolve the matter.
If not, a claim against the Claim Fund may be possible, and upon application, the Office of Fair Trading will conduct an investigation and attempt to resolve the dispute. A complaint to the Motor Trades Association of Queensland might also be possible.
If the dispute remains unresolved, an application to QCAT (as a Consumer and trader dispute) or an appropriate Court would be required.
Regards
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