Statuatory Warranty Question

[agentx]

Hi guy - got a question about my other car ...

I bought a 2005 Mazda sp23 from a car dealer a week and a half ago. Went for a test drive and was all good except a slight ticking sound from the engine. Dealer said its been sitting there for 2 weeks so it might be lifters etc (I now know that the sp23 doesnt even have lifters).

Anyway long story short, the sound got really bad once the engine was completely warmed up, so I called the dealer who asked me to take it to "his" mechanic shop. At the shop, they straight away said its the bottom end and advised me to leave the car there and talk to the dealer.

Now his mechanic said its the big end bearing and he'll fix it in a day or two ... my question is, the bearing is a pretty big fault and unless he machines the crank etc and does everything properly (which he won't since he's doing this in 2 days) - it'll be a bandaid fix at best.

What are my chances of getting my money back from the dealer? On page 14, it says I should be able to?

http://www.accc.gov.au/content/item.phtml?itemId=963175&nodeId=cbe0411ccf8d0b8fbf2bdbacea75046f&fn=Consumer%20guarantees%20a%20guide%20for%20consumers.pdf

Thanks for your help in advance!

[emts]

it's less than 10 yo car and you are within the cooling off period.

technically you can get your money back.

No dealer is going to want to however....

Considering it the engine thrashed..I would be hitting him up for it.

[agentx]

Hey mate, the 3 months/5000 km warranty only talks about repairs though, not refunds

[emts]

http://www.carsguide.com.au/news-and-reviews/car-news/lemon_story

[agentx]

hmmm - but is this car considered a lemon since the fault is now fixed?

[emts]

Ah didn't realize you had already had it fixed.

then probably too late unless you can find fault with the work.

[agentx]

yea but the issue is the big end bearing (which was the fault) usually is a symptom of a much bigger issue ... which is what they wouldn't have fixed. so its kind of a band aid solution

[xALmoN]

get 2nd opinions from other mechanics?

[agentx]

Other mechanics would need to open the engine up to inspect crank etc - expensive and would most likely come from my pocket since the original issue has been fixed?

[GH05T]

Cooling off period is waived when you take the car. If you have agreed to fix it then that's the agreement, if ther repair work is faulty then u can get it redone but you own the car now.

[West]

My sister has the an SP23 as well and lifter noise (well sounds like it) has been going off for over 3 years now , car still drive fine, she cover around 60K a day everyday.

[agentx]

^^ Sorry to say but Mazda 3's don't actually have lifters (I'm not that much of an expert, just what i was told) ... could be something else more serious?

Edited July 25, 2012 by agentx

[agentx]

Spoke to the dealer today, he has agreed to give me my money back minus the stamp duty (around $400) - happy with it, going to see him on Saturday - fingers crossed!!!

[agentx]

Got the cash back minus warranty + stamp duty. Happy with the outcome!

[alr33x]

Great result