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lemon car bought from dealership wa

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Created by Jonopark > 9 months ago, 9 Nov 2013
Jonopark
WA, 400 posts
9 Nov 2013 10:36AM
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The misses bought a 97 daihatsu charade from uphill wholesale motors in wangara for 3000 dollars. It has 130km on clock abd on the way hone overheated and was bubblinv water into overflow 1.5 litres. The car was returned within 24 hours and i expected money back as i assume its the head gasket. Anyway i asked for a refund and this was denied and they will get a mechanic out on monday. As the car is older than 10 years no return policy seems to exist in wa. Is there any options available?? Worried they will just pour chemiweild into radiator for quick fix!!

harry potter
VIC, 2777 posts
9 Nov 2013 1:54PM
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Not sure about WA but Vic have a mandatory 3month warranty.

If you can get a reputable mechanic to diagnose the problem but don't tell the dealer you have had this done ( sounds most like a blocked radiator or head gasket )

When you take it back to the dealers mechanic ask them to put in writing what works they have done to complete the repair.

It may also pay to drop a mention of the relative ombudsman as well.

Gizmo
SA, 2865 posts
9 Nov 2013 1:26PM
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Pull out the dipstick, what color is the oil..... translucent and honey color, or like a cappuccino? Or what is the color like underneath the oil filler cap?

Simondo
VIC, 8025 posts
9 Nov 2013 2:29PM
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Without meaning to be disrespectful, but why the hell would anyone pay $3k for a 1997 Daihatsu Charade?!


Brand New VW Polo, base model, manual - $15,990 Drive Away...
Toyota Yaris, base model - $15,490...
Very cheap car financing these days too.
Or put a little bit of effort into finding a good one that is 4 years old, for roughly half of that...

Or a 04/05 Charade for $4k to $5k would be a better spend?

pweedas
WA, 4642 posts
9 Nov 2013 11:42AM
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It could also be the thermostat not opening.
Check the temperature of the radiator when it bubbles.
If the radiator is still cool then it means the water is not circulatiing.
This can be due blocked radiator as said above, or faulty thermostat.
Thermostats are cheap and easy to replace.

Take the cap off the radiator or overflow tank and check the smell of bubbles.
If they smell like exhaust gas then it can be cracked head or blown head gasket.
Neither of these are cheap fixits but can be patched up with chemiweld or bars leaks.
It might be that's what the previous owner did to get rid of it.
It can last a year or two, or a week.

If you're not happy with it, then take your complaint to consumer protection.
The fact that it didn't even get home before giving problems would probably mean you can get your money back.
Even without a warranty, the law states that whatever you buy has ot be "fit for purpose".
If you couldn't even drive it home, this would be a good indication that it was not "fit for purpose" when sold to you.
If consumer protection get involved it makes the car yard more inclined to get it sorted out fast.
Often, all it takes is a phone call from them to inspire the car yard to get things sorted.
Although, if they say they are sorting it out already

GPA
WA, 2529 posts
9 Nov 2013 11:46AM
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^^^
Simondo - I'm sure you mean well, but that's not being helpful at all. More like rubbing salt in...

Simondo
VIC, 8025 posts
9 Nov 2013 3:01PM
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GPA said..

^^^
Simondo - I'm sure you mean well, but that's not being helpful at all. More like rubbing salt in...



Oops, Sorry!
Yes, I did mean well.

kiteboy dave
QLD, 6525 posts
9 Nov 2013 2:08PM
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Gizmo said..

Pull out the dipstick, what color is the oil..... translucent and honey color, or like a cappuccino? Or what is the color like underneath the oil filler cap?


This would be ideal to help diagnose.. as Pweedas says it might be just a thermostat or similar.

If you really believe they're shonky:

I would be going back 1st thing monday morning to dealer, ie opening time. Take your own mechanic if possible. If you can't find or afford one, take a large mate to pretend, have then only grunt, not answer questions, and watch carefully, ie lean over bonnet not from corner of the room. If their mechanic tries to ask him questions, have him say "mate pretend I"m not here, I'm simply observing as a witness for any future legal action".

This is because their mechanic will have a close relationship with them, a lot of trade-ins will need work for RWC and in a closed-loop buddy buddy system they will do each other favours where they are confident of not being caught. But they won't cut corners with a silent witness observing.

Plus you can be taking photos all over, plus going thru log book & taking photos of log book, etc, anything to show them that you're serious.

Between now and then I would research 'statutory warranty' for WA, consumer law, etc. (I guess you're trying that here). Try to have some understanding.

Google 'no win no pay' lawyers, see if you can download & print a scary piece of paper, like a legal letter of demand template on a law firm letterhead. Put that on a clipboard, make notes on it as you go over the car.

-----

Having said all that, a blown head gasket doesn't make a car a lemon. In a car that age, I would actually prefer a properly repaired blown head gasket to a ticking time bomb.

I would be changing all rubber parts of the water system, as water dropping out while driving is the main cause of it happening. I have, however, owned 2 cars that blew head gaskets due to metal parts of the water system corroding from the inside out - fairly impossible to see that coming.






jn1
SA, 2769 posts
9 Nov 2013 3:42PM
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Jonopark: These are excellent cars, but owners have to keep an eye on the water level. The motor only has to overheat for a short period and the head cracks. It's very easy to do if owner isn't on top of it. I would say this happened with the last owner and they got rid of it.

Just following on from above.

Read your contract. In SA we have a 2 day cooling off period for 2nd hand vehicles from dealers. An owner get return vehicle, get their money back, no questions asked.

If you don't have this in WA, then return car and talk to the dealer. They might not have tested vehicle (due to a disconnect between saleman and mechanic). Although this is incompetence, you might find they will back flip and give you your money back.

I recommend you request money back. Don't accept a repair. This type of repair is marginally viable due to the part availability and cost. It happened to my car, and it was almost not worth repairing. I ended up doing my own repair (brought a refurbished head from a wrecker).

Failing that, send a letter to dealer asking for money back.

Failing that (as pweedas) said, involve consumer affairs. Once you have consumer affairs involved, don't let the dealer try to communicate with you 'to strike a deal'. Let Consumer Affairs do their job and follow their process exactly.

J

deXtrous
NSW, 451 posts
9 Nov 2013 4:45PM
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Sorry mate, but why the F&%@ would you buy a car from a dealer which gives no warranty? I don't understand? Why not just buy private if that is the case? You'll get a car for half the price. Were you lulled into a false sense of security, simply because they're a dealer and overprice their cars by a ridiculous amount?

My advice: Tough nuts. Maybe next time try a private seller. I recently got a '99 mercedes ml320 for $3k in NSW. Been running like a dream ever since. Every used car I've bought privately has been run like a dream till I've got rid of it. Few years ago when I was between jobs I bought a 97 ford falcon LPG for $800. It ran without a hitch until I sold it later for $1400.. If you learn the signs of a well maintained car you can get away with a steal. Sounds like you got duped into thinking dealerships are more respectable sellers than a private sale.

Mark _australia
WA, 23701 posts
9 Nov 2013 1:54PM
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There is mandatory 3mth warranty, but yeah may not be for cars over 10y/o?

Johno if they won't talk to you or you think the answers they give are sus, ring Consumer Affairs / Fair Trading / whatever they are called now... they have a specific section for disputes with the motor trades and car dealers

Anyway some of you blokes are pretty harsh....

Jonopark
WA, 400 posts
9 Nov 2013 2:47PM
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Haha i know it sounds a little expensive for what it is and probably is.
We have been looking at corrollas on gumtree but all seem to be approaching 200km without haviing timing belt done and are pretty rough for under 3k. This car had new radiator, starter motor, tyres and is in imac condition. Well i thought it was. The misses is from germany and just started a new job so needed a reliable car now. Hence we trusted a dealer and she has no more than 3k at all to spend.
The car does come with a 1 year warranty but not provided be dealer. Basically we have 1k to spebd on engine problems and 250 for electrical, clutch and gearbox through a third party insurance. We take it to a mechanic and apply for refund.
But the fact it didnt make it home and she starts on monday i demanded money back but dealer would not comply. Maybe i should of just taken car to mechanics instead and just tried for insurance warrenty straight away!!

Stubbies
WA, 1126 posts
9 Nov 2013 2:58PM
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3 month statutory warranty applies in WA. However as the car is more than 12 years old no warranty applies in WA.
The small claims ombudsman may be the way to go if you strike any of the above, they cost nothing but a bit of your time documenting the evidence.

adolf
1862 posts
9 Nov 2013 5:53PM
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Simondo said..

Without meaning to be disrespectful, but why the hell would anyone pay $3k for a 1997 Daihatsu Charade?!




bahhahahahh. You should've bought this: http://www.carsales.com.au/private/details/BMW-320i-1993/SSE-AD-2429307/?Cr=0&sdmvc=1

What do you expect for $3K

Jonopark
WA, 400 posts
9 Nov 2013 7:07PM
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Why buy a bmw? I can only imagine the price of parts for a bmw and its done 275km. Oh and the fuel is an issue. Wanted something cheap effecient and simple. Oh and reliable!!!!

Jonopark
WA, 400 posts
9 Nov 2013 7:09PM
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And cheers stubbies ill look into that. And thanks for the constructive input. You guys know who you are!!

adolf
1862 posts
9 Nov 2013 7:35PM
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Jonopark said..

Why buy a bmw? I can only imagine the price of parts for a bmw and its done 275km. Oh and the fuel is an issue. Wanted something cheap effecient and simple. Oh and reliable!!!!


A BMW, being German designed and all, you wouldn't have the same problems as you would with the overpriced 97 daihatsu charade lemon that you bought. It's not me that's seeking advice on a water-sports forum on how to fix it.

FFS, no need to shoot the messenger.

Jonopark
WA, 400 posts
9 Nov 2013 8:41PM
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I appreciate the comments. I just assume that german car parts are harder to get and hence more expensive. also at 275 i also assume the engine may be due for a rebuild in the near future. Dont get me wrong adolf a bmw would be nice to have, just wouldnt think practicle for a low budget student.

Mark _australia
WA, 23701 posts
9 Nov 2013 9:34PM
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Adolph give us a price for a head on a Charade vs a head for the BMW you suggest?

I know they are more reliable, but for old cars anything is possible so lets pretend he bought the Beemer and the head went?

How about consumables like brake pads etc? C'mon do a real comparo...

thePup
13831 posts
9 Nov 2013 9:53PM
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I wish you luck Jono mate .... fair trading will look at the sales contract you guys signed ... and make sure the car they sold is safe and then roadworthy for sale ... at best they will ensure it is fixed for you to use as intended ... I wouldn't count on any refund unless it is stated on that contract you signed

IF you score a refund my advice is to head over to someone like as one example John Hughes and snap up a brand new Geely which comes with a warranty and for under 10G to drive away around 50 bucks a week or less on finance ... even a part time job two days a week would guarantee two payments alone mate

Something like that is peace of mind cheap transport WITH a warranty and a company which hates negative customer feedback

Just my 2 cents and , again , I wish you & your girl luck with it all mate !

kiteboy dave
QLD, 6525 posts
10 Nov 2013 8:54AM
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adolf said..

A BMW, being German designed and all, you wouldn't have the same problems as you would with the overpriced 97 daihatsu charade lemon that you bought. It's not me that's seeking advice on a water-sports forum on how to fix it.
.


And now we all know Adolf knows fk all about cars.

Carantoc
WA, 7298 posts
10 Nov 2013 8:10AM
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97 daihatsu 3000 dollars

uphill wholesale motors in wangara



being up a hill they could certainly see you coming

paulford
WA, 312 posts
10 Nov 2013 10:00AM
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Paid 2400 for my 96 Charade G202 1.5 yrs ago. Sweet little motor, yes sure with a 3cyl 1000cc engine it aint breaking any records. But its never failed and is cheap to fuel.

Good luck with getting a result from the dealer.

WA71
WA, 1382 posts
10 Nov 2013 11:04AM
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My advice is don't take any advice from here, geez

Mark _australia
WA, 23701 posts
10 Nov 2013 1:21PM
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^^^ being in the trade I'd like to hear what you reckon?

Regardless of warranty I think any big dealership would do the morally right thing and take the car back - it only made it a few km and it was not even hot weather and it farked up badly. I bet it would have failed cylinder leakdown and/or comp tests but I also bet they didn't bother. Change the oil, shonky paint touchup (if you're lucky) polish and out the door at triple $$$ that they traded it for.

62mac
WA, 24860 posts
10 Nov 2013 1:32PM
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Arm chair experts


I know jack about cars but wtf would you pay 3k on a car like that, there are 100's of better options out there for 3k.

busterwa
3782 posts
10 Nov 2013 1:33PM
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Wait a few months then go down there at night time with a balaclava and a can of gasket stripper spray up the cars!

adolf
1862 posts
10 Nov 2013 2:08PM
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Mark _australia said..

Adolph give us a price for a head on a Charade vs a head for the BMW you suggest?

I know they are more reliable, but for old cars anything is possible so lets pretend he bought the Beemer and the head went?

How about consumables like brake pads etc? C'mon do a real comparo...



Replacing a head/gasket is a labour intensive job. If it is the head, it could cost upwards of $1.5K, most of that would be labour, and then there are no guarantees that damage to the engine may have been caused by the broken head/gasket. It might be a cheaper option to source a new motor.

Didn't you watch that episode of the Brady Bunch, where Greg bought a lemon and his dad said 'Caveat Emptor'?

That's why I always pay a bit extra to get a car checked out by my mechanic before buying it.

Simondo
VIC, 8025 posts
10 Nov 2013 8:10PM
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WA71 said..

My advice is don't take any advice from here, geez


Dog, that's good advice... But I was thinking someone would come up with the "winner" answer, in terms of "X days legal cooling off period, for WA cars, over X amount, etc.."... Or vice versa... "you are screwed because..."... ?!?!?

thePup
13831 posts
10 Nov 2013 5:12PM
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Simondo said..

WA71 said..

My advice is don't take any advice from here, geez


Dog, that's good advice... But I was thinking someone would come up with the "winner" answer, in terms of "X days legal cooling off period, for WA cars, over X amount, etc.."... Or vice versa... "you are screwed because..."... ?!?!?


Trade the "lemon" in at a dealer that offers $3000 bucks for your old licenced bomb - there is a couple of them in WA

Carantoc
WA, 7298 posts
10 Nov 2013 6:36PM
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The whole sorry episode sounds like one giant charade



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Forums > General Discussion   Shooting the breeze...


"lemon car bought from dealership wa" started by Jonopark