Used Car - Dealer or Consumer Responsibility?

Lfroutts on 03/06/2023 - 11:13
Last edited 04/06/2023 - 13:19 by 1 other user

Hi,

I have recently bought a 2012 Hyundai i20 with 128000 kms from a dealer in Sydney. It had engine light on from pick up, so I got it diagnosed and it needed a new timing chain. The car is over 10 yrs old so no dealer warranty but the consumer standards law still applies for product to be of acceptable quality and fit for purpose. The dealer agreed to pay 50/50 for new timing chain.

My question is should the dealer have done this before selling the car to me, or should they pay 100% of the new timing chain cost. It was not mentioned or suggested to me prior to purchase.

Any thoughts, thanks.

Automotive Car Hyundai Motors

Comments

  • spackbace on 03/06/2023 - 11:19
    +35

    It had engine light on from pick up

    Question, why'd you drive out the door with a car with a CEL on? Was that on when you first signed the contract?

  • holdenmg on 03/06/2023 - 11:23
    +7

    It is 2023 here…

    You bought used and it may have had a few owners and service history is unknown.

    If a timing chain is $1000 and they offer to contribute $500 and do the install, it seems fair for a Car you bought with an Engine Light ON, without asking them to investigate or fix it prior to sale.

    • Pcosmic on 03/06/2023 - 11:55

      No, that's against my self interest

  • Euphemistic on 03/06/2023 - 11:24
    +3

    Popcorn on?

  • Muzeeb on 03/06/2023 - 11:30
    +1

    Was the CEL on when you test drove the car or when an experienced person inspected the car prior to purchasing?

  • pegaxs on 03/06/2023 - 11:33
    +3

    In NSW, the rule is;

    The dealer guarantee for a second-hand motor vehicle which had driven less than 160,000 km and was less than 10 years old when purchased is limited to 5,000 km after purchase, or three months after purchase, whichever occurs first.

    So, if it is within the 3 months and less than 5,000km, you may have a shot, as it is under 160,000km… The biggest arse kicker is the 10 year limit. It is right on the cusp of that, so maybe threaten them with NCAT if they want to mess you around excessively.

    Also, just re-read the post… WHY did you take delivery if the light was on at pick up?? You should have denied that at the time as any check engine light on is grounds for being unroadworthy.

    • Muzeeb on 03/06/2023 - 12:09
      +5

      The biggest arse kicker is the 10 year limit.

      If the OPs car was made in January 2012 then that's nearly 18 months over the 10 year limit.

      Also, a new timing chain at 128k. That thing must have been flogged to within an inch of its life.

      • ArskinF on 03/06/2023 - 13:02

        On my current car the timing chain replacement was a scheduled item at the 150,000k service.

        • Muzeeb on 03/06/2023 - 14:19
          +2

          Timing chain or belt?

      • holdenmg on 03/06/2023 - 13:13

        It was probably doing Pizza deliveries and got "serviced" occasionally…

    • hydration station on 03/06/2023 - 18:16
      +1

      Worth noting that even if the statutory warranty is over, the Consumer Guarantees Act still technically applies.

      I would argue that a car from a dealer that requires a new timing chain immediately is not fit for purpose, but also depends on the price of the car, hard to say how far you would get with consumer law though.

  • resubaehtgnolhcs on 03/06/2023 - 11:45

    Hmmm …member since 42 mins ago…

    • holdenmg on 03/06/2023 - 12:05
      +2

      Yes, but their other car is a DeLorean. lol

    • JIMB0 on 04/06/2023 - 08:37

      Just another 🧌 troll post

  • Ocker on 03/06/2023 - 12:13

    Why on earth would you take unconditional delivery of a car with the engine warning light on? OP is lucky it was only a timing chain and nothing more serious.
    That aside I reckon it is pretty generous of the dealer to go 50/50 on the repair cost.

  • froutts on 03/06/2023 - 12:21

    Thanks for the reply,

    Yes it was a risk - I was overseas and purchased unseen. I was assured it was all good, nothing wrong etc, and it was delivered to a friends address prior to my arrival here. So when I picked it up it was not from the dealer. Yes a risky way to do it, but it was the circumstances at the time, and is what it is.

    I thought that it sounded generous of them to pay half, but to also sell a vehicle without disclosing that it would need new timing chain ..?

    • Muzeeb on 03/06/2023 - 12:22
      +11

      That information should have been in your original post and saved a lot of questions. Oh well.

      • Ocker on 03/06/2023 - 13:07

        Indeed, OP's post implies he/she picked up the car from the dealer

  • froutts on 03/06/2023 - 13:06

    Thanks all, I knew I was taking a risk, but had to do it that way.

    Just wanted overall opinion on if that issue was something that should be rectified by the dealer or not. I'll suck it up as a leaning experience and accept the 50/50 cost,

    thanks for all your responses

    • disturboed on 04/06/2023 - 10:56

      Was the price lower than anything else of a similar age?

  • Jetstream on 03/06/2023 - 13:29
    +1

    Timing chain replacement is a service item. You have done well to get it half paid for

    • lppepper on 03/06/2023 - 14:36
      +2

      Timing chain is not really a service item, a timing belt however would be.

      If a car has been serviced and maintained properly, a timing chain replacement really shouldn't be needed.

  • AdosHouse on 03/06/2023 - 13:32
    +1

    Dealer pays 50%. So basically you pay 100% of the cost of getting it done at any other decent mechanic as opposed to a dealer apprentice.

  • AndyC1 on 03/06/2023 - 13:33

    Did you get the car inspected before you signed the contact to buy it? Sounds like you trusted the dealer, which if you did then you are SOL.

  • mskeggs on 03/06/2023 - 13:44

    The fishiest thing here is the dealer agreed to kick in anything.
    You buy a car with errors, you are buying the errors.

  • Wiadro on 03/06/2023 - 14:17

    LOL

  • AustriaBargain on 03/06/2023 - 15:16

    That car has driven 1/3rd of the way to the Moon.

    • Muzeeb on 03/06/2023 - 15:36

      I drive around the world every year but I preventatively maintain my car. Never had to replace a timing chain yet.

  • Typical16-bitEnjoyer on 03/06/2023 - 16:01

    Get it fixed and sell it on. Sounds like it's been flogged since day 1 and will give you bucketloads of trouble in the future.

  • Bilby s on 04/06/2023 - 09:08

    You are lucky there wasn’t anything else wrong with it… do your homework prior to buying!!

  • 2esc on 04/06/2023 - 09:28

    Timing chains do have to be replaced but not part of normal servicing depending on car could be at 100,000 or up to 200,000

    • Muzeeb on 04/06/2023 - 09:58

      In a well maintained car the timing chain should not need replacing. Engines with design flaws like the 3.6 V6 alloytec- well that's a different matter.

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