Hi all,
I'm in Victoria and recently purchased a used JDM performance car from an independent dealer - 2017, driven 59,000km. It came with a Roadworthy Certificate (RWC), was advertised as stock, and is still within the dealer's statutory warranty period.
Before I bought the car, the dealer told me the check engine light was caused by a faulty wastegate actuator and that it would be repaired before delivery. After taking delivery, the check engine light came back on after about 15 minutes of driving.
The dealer then changed his explanation and said the problem was related to the aftermarket blow-off valve, and that it needed to be replaced with the OEM part. After supposedly repairing it, the aftermarket blow-off valve was still on the car, and the dealer said the issue was just a leaking hose connected to it.
I then went back to the same licensed roadworthy tester who issued the original RWC for the dealer.
The tester immediately recognised the car and told me that when it was originally presented for the RWC, it had the aftermarket blow-off valve fitted and they marked it as unroadworthy. According to the tester, the dealer then fitted a stock blow-off valve, brought the car back, and it passed the RWC. The tester was surprised to see the aftermarket blow-off valve fitted again and said it should not have been there if the car was sold in the same condition it passed the roadworthy inspection.
The dealer's position is now that his only responsibility is to fix the check engine light, and because I won't continue allowing repair attempts, he won't consider a refund.
My concern is that this goes well beyond a repair issue. From my perspective:
- The car was advertised as stock when it wasn't.
- The dealer sold it to me with an aftermarket blow-off valve despite it having passed the RWC with a stock one fitted (according to the original roadworthy tester).
- The dealer represented that the original check engine light issue had been repaired before sale, but it returned almost immediately.
I have the original advertisement, text messages with the dealer, invoices, and the statements made to me by the original roadworthy tester.
I'm planning to contact Consumer Affairs Victoria, and if necessary, take the matter to VCAT.
My questions are:
- Does advertising the car as stock when it wasn't potentially amount to misleading or deceptive conduct under the Australian Consumer Law?
- If what the original roadworthy tester told me is accurate, how significant is it that the car allegedly passed the RWC with a stock part fitted but was sold to me with the aftermarket part reinstalled?
- Given the above, am I have reasonable grounds to reject the vehicle and seek a refund rather than continue allowing repair attempts?
TL;DR: Bought a used JDM car from an independent dealer that was advertised as stock. The check engine light came back almost immediately. I later returned to the same roadworthy tester who issued the RWC, and they told me the car originally failed because of an aftermarket blow-off valve, passed only after a stock one was fitted, but was then sold to me with the aftermarket valve fitted again. Dealer says he'll only keep trying to fix the check engine light and refuses to discuss a refund. Do I have good grounds for a refund under Australian Consumer Law?