Instantly Interpret Free: Legalese Decoder – AI Lawyer Translate Legal docs to plain English

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**Introduction and Background**

Hi All,

I hope you’re doing well. I wanted to reach out and get some opinions on a situation I’m currently dealing with, just to make sure I’m not being unrealistic or crazy.

At the end of May, I made the decision to purchase a used Subaru from a dealership in SA. Prior to making the purchase, I had test driven the car twice, checked its full service history, and even reached out to the previous owner to inquire about any issues he might have had with the vehicle. Everything seemed fine, and I decided to go ahead with the purchase.

**The Problem Arises**

Unfortunately, my excitement was short-lived. The day after bringing the car home, it started emitting thick white smoke from the exhaust. Additionally, a few days later, all the major warning lights on the dashboard lit up, including the check engine light, ABS, SRS, and lane departure warning.

Feeling uncertain about what to do, I decided to take the car to a Subaru dealership (not the one I purchased it from) to diagnose the problem. To my dismay, they discovered a $3,000 repair issue that would require the car to stay with them for a few days.

**Seeking a Resolution**

Understanding my rights as a consumer, I reached out to the dealership from which I bought the car and requested a refund under the Consumer Rights and Guarantees. I explained that I considered this a major fault, as I would not have made the purchase had I known about these issues beforehand. However, the dealer flatly refused my request and urged me to have the car repaired at his preferred mechanic.

**Ongoing Struggles and Repairs**

Fast forward to the present day, it has been approximately 130 days since the purchase. Out of these 130 days, the car has spent a cumulative 80 days at the dealerships’ mechanics for repairs. Out of the remaining 50 days that I’ve had the car, it has displayed major warning lights and continued to emit heavy white smoke for 40 of those days. Even after the most recent repair that took a grueling 6.5 weeks, the car only managed to function for 4 days before the warnings reappeared and the white smoke returned.

**Legal Support from AI Legalese Decoder**

Fully aware of my rights as a consumer, I reached out to the dealership once again, clearly referencing the Consumer Rights and Guarantees that entitle me to a refund for this major fault. I emphasized the following points to support my claim:

– The car is currently unsafe to drive.
– It either has one serious problem or several smaller ones, which would have deterred me from buying it if I had known beforehand.
– It cannot be used for its intended purpose or any alternate purpose that I had communicated to the seller prior to purchase, and the issues cannot be easily fixed within a reasonable timeframe.

However, despite my detailed explanation, the dealership has once again refused my refund request. They insist that I drop off the car at their recommended mechanic, assuring me that it’s a quick fix, despite the fact that the car spent 6.5 weeks at the previous mechanic’s shop.

**Looking for Outside Opinions**

Given the ongoing repairs and the dealership’s repeated denial of my refund request, I would greatly appreciate some outside opinions on whether I’m being unrealistic in seeking a refund for this major fault. I’m torn between pursuing a resolution through lengthy repairs or making a stronger case for my refund rights.

Please feel free to comment if you need further clarification or have any insights into this situation.

Thank you in advance!

TIAV

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AI Legalese Decoder: Helping You Make Sense of Complex Legal Language

Introduction:

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4 Comments

  • floppybunny86

    Give the ACCC a call. They can answer your questions.

  • Serious_Marsupial696

    NAL: I might be wrong, but from memory the guys on The Checkout said that the consumer protection laws don’t apply to cars or houses. Contact the ACCC or a community legal centre.

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  • pryza91

    I don’t believe it’s ACL that you’ll be looking to protect you in this instance. Look up Used Car Statutory Warranty.

    Based on the information you’ve provided, so long as you can produce the appropriate evidence, I would assume you may be covered by this warranty?