| Media item | |
| | Know your rights BUYING HAIL DAMAGED CARS | | Herald Sun,
Melbourne
| 02 Feb 2024 | | General News - Page 51 - 273 words - ID 2026530793 - Photo: Yes - Type: Advertorial - Size: 235.00cm2 | |
Geoff Gwilym VACCCEO
Recent hail storms in central Victoria created headaches for car dealers and insurance companies, and an opportunity for savvy car-buyers.
When hail damages a car whether new or used dealers can repair the vehicles or sell them 'as is', but conditions surround both types of sale.
The Australian Consumer Law (ACL) guarantees goods sold (except at auction) will be of acceptable quality.
This guarantee includes the expectation that goods are safe, durable and free from defects, are acceptable in appearance and finish and do what a reasonable consumer expects them to do.
Australian Government guidance states dealers can sell defective goods (like a hail damaged new motor vehicle) if they alert consumers to the defects before the sale.
The most appropriate way for dealers to inform consumers of known defects (this includes repaired vehicles) is to display a written notice on the vehicle and in any advertisements advising potential buyers of the existing defect.
Any written notice must be clearly presented, legible and expressed in plain language.
The ACL deems goods to be of acceptable quality if the only reason they're not of acceptable quality relates to matters specifically drawn to the consumer's attention prior to supply.
A word of caution: when consumers buy a hail damaged car (whether or not the dealer has repaired it) and they know the vehicle's condition, the consumer does not have the right to a remedy after purchase.
There's no reason not to buy a hail damaged vehicle, but know your rights and responsibilities, and talk to your dealer about any insurance, finance and warranty issues.
Prepared by Victorian Automotive Chamber of Commerce
Provided for client's internal research purposes only. May not be further copied, distributed, sold or published in any form without the prior consent of the copyright owner. |
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