Problems with car from a dealership - what are my rights?

[david.]

Well my mrs purchased a car from a dealer about 2 weeks ago, everything seemed fine except for two things:

1. Moisture entering the right headlight

2. A belt or pulley or something seemed to be making noise when there is an increased load in electricity

I took the car back and pointed out these two problems, because by law the car is under statutory warranty for 3 months. They did the following:

- They used an air gun to blow out the moisture from the headlight. I was thinking WTF the only way moisture would get in is if there's a leak, and he didn't even fix it. I was right, drove it home and it was full of moisture again. Had no time to bring the car back.

- They applied a black lubricant/grease to all my drive belts. I'm no mechanic but using lubricant on a drive belt just seemed wrong if the drive belt was counting on friction to work properly. I thought the belt would slip, and it seems like it does. When driving and then putting the gear in neutral, the revs seem to drop very slowly, unlike all the other cars I've driven where the revs drop straight down to 1000 RPM.

When purchasing the car my terms with him (verbal) were that if I were to purchase the vehicle, I wanted the drive belt replaced and the squeaky noise fixed. I'm not sure if the belt has been replaced or not, but the lubricant seemed to cover up the noise instead of fix it.

So, what are my rights in this situation? Any help would be appreciated.

David

[Kenshin X]

tell them the noise is still happening, fix it or u go to vcat, they will get off their asses to fix it. what dealership and which car?

[Hiro]

I took the car back and pointed out these two problems, because by law the car is under statutory warranty for 3 months. They did the following:

- They used an air gun to blow out the moisture from the headlight. I was thinking WTF the only way moisture would get in is if there's a leak, and he didn't even fix it. I was right, drove it home and it was full of moisture again. Had no time to bring the car back.

Headlights aren't normally sealed because the air inside gets quite hot (especially with modern HID bulbs) and needs to vent, otherwise pressure would build up and damage the unit, so the lights will have a breather tube (not a leak). Moisture gets into the lights because of this breather, due to the air cooling down and releasing condensation (not rainwater seeping in) - as it heats back up again the moisture will disappear. Obviously this happens more when it is humid (and summer in the south-east in Australia can be quite humid at times)

[david.]

tell them the noise is still happening, fix it or u go to vcat, they will get off their asses to fix it. what dealership and which car?

but the thing is the noise isn't happening anymore, but that it feels as though the belt is slipping. it's a cute little Hyundai haha, got it from New-bourne motors in Williamstown.

I took the car back and pointed out these two problems, because by law the car is under statutory warranty for 3 months. They did the following:

- They used an air gun to blow out the moisture from the headlight. I was thinking WTF the only way moisture would get in is if there's a leak, and he didn't even fix it. I was right, drove it home and it was full of moisture again. Had no time to bring the car back.

Headlights aren't normally sealed because the air inside gets quite hot (especially with modern HID bulbs) and needs to vent, otherwise pressure would build up and damage the unit, so the lights will have a breather tube (not a leak). Moisture gets into the lights because of this breather, due to the air cooling down and releasing condensation (not rainwater seeping in) - as it heats back up again the moisture will disappear. Obviously this happens more when it is humid (and summer in the south-east in Australia can be quite humid at times)

Oh never knew that haha, but I've never really seen a car with that much moisture in it. pretty much drove the car home when I bought it, washed it and there was moisture in it, didn't go away after 2 weeks of parking the car in my car port so I took it to them this morning

[Hiro]

I took the car back and pointed out these two problems, because by law the car is under statutory warranty for 3 months. They did the following:

- They used an air gun to blow out the moisture from the headlight. I was thinking WTF the only way moisture would get in is if there's a leak, and he didn't even fix it. I was right, drove it home and it was full of moisture again. Had no time to bring the car back.

Headlights aren't normally sealed because the air inside gets quite hot (especially with modern HID bulbs) and needs to vent, otherwise pressure would build up and damage the unit, so the lights will have a breather tube (not a leak). Moisture gets into the lights because of this breather, due to the air cooling down and releasing condensation (not rainwater seeping in) - as it heats back up again the moisture will disappear. Obviously this happens more when it is humid (and summer in the south-east in Australia can be quite humid at times)

Oh never knew that haha, but I've never really seen a car with that much moisture in it. pretty much drove the car home when I bought it, washed it and there was moisture in it, didn't go away after 2 weeks of parking the car in my car port so I took it to them this morning

Fair enough, it is quite possible that there is a leak in the seals and the water got in via the car-wash, but it isn't really wrong of the dealer to assume that it is just condensation and blow it out with compressed air (which should be quite dry). If it only comes from heavy rain/high pressure car washes then I'd be taking it back and telling them that there is an actual leak.

[Kenshin X]

Yeah dont blast any part of the car for a long period of time with the pressure water gun. If there is rain water getting in then yes there is a problem. Not saying that u do it but high pressure spray into cracks is stupid.

[Karen]

My first suggestion is too old to be of help now, but before purchasing any second hand car, take it to the Automobile Club of the state you are in. For me in Qld it is the RACQ. After purchasing my brand new car and just prior to the warranty expiry, I took it for a pre-warranty expiry check. Cost me $200 but it found a few faults that the dealer had to fix by law.

Having a check by the state club is the best way to decide if you really want to purchase that car. Some faults are just too troublesome for the dealer to fix so they patch it to get through the roadworthy.

Alas though, any "verbal" agreement is not worth the "non-paper" they were never written on so sorry, you do not have a right unless it is a roadworthy issue.

[Ozzcaddy]

What was the context of the verbal agreement! Unless it was just pay for the car without any paperwork (hard to believe) the 3 months warranty stuff would be mentioned on the paperwork. If not, I would be reporting the dealer to your State's Consumer Affairs.

[ohwhatalemon]

THe only thing that will fix this problem is too:-

1. Call the dealer noting date and time explaining the problem exactly & how you think it should be resolved even if you have no knowledge of mechanics state you want "X" fixed because & 'Y' fixed because. As an example under the stat warranty it should be fixed.
   
2. Write them a letter ensuring you have the date on the letter and outline the 'faults' clearly and how you think they should be resolved. As above.
   
3. In the same letter offer them 14 days to resolve the matter & write back explaining what action they are takin (don't get it verbally must be in writing (e-mail, letter) or you will be taking further action under the statutory warranty act.
   

Be nice and friendly and see what happens? Once in writing they will have to respond or the Courts/motoring body will see this in a poor light in the way you have been treated by the dealer.

Oh course most people think it gets to hard and never do what I have said and they rely on this. It's a easy way to get a wrong righted. Hope this helps??

Geoff

[david.]

Thanks for the replies guys. I guess the time and effort I need to put in if I were to contact CAV is more costly to me than fixing the problems myself, so ill probably just do that :)