Outer Limits 4x4 Board

Hi all.

Picked up a GU Wagon, 99' model, 2.8td about 3 weeks ago.

After it not starting well, i took it to the mechanics and they find water had been getting into the 6th cylinder through a blown head gasket. The head itself had 8 cracks in it, and was rubbish bin material.

The shaft in the turbo has alot of play in it, and the cam shaft is worn out.
The starter motor is shagged and the radiator had a whole heap of crap in it.

Yeah, bought a real lemon here. It came with a 2 year warranty but ofcourse, the warranty doesn't cover damage caused by head gaskets or cylinder heads. What a croc of sh!t.

Anyway, i'd like a couple of opinions on some issues im facing here if you would.

1. Anyone had experiences with Used car dealers where they've bought a lemon? Were/are you able to get money out of them? What are my rights? Who can i goto to complain and hopefully seek justice here?

2. In reguards to the Turbo, for the 2.8, is it in my best interests to get the original Turbo rebuilt, or, upgrade to a bigger one or maybe even the same size, but ball bearing? What are my options for the 2.8?

Thanks guys.

G-Unit wrote:1. Anyone had experiences with Used car dealers where they've bought a lemon? Were/are you able to get money out of them? What are my rights? Who can i goto to complain and hopefully seek justice here?.

speak to a lawyer, and NRMA/Vicroads legal depts.

State department of fair trading. Which state are you in? You may have more comeback than you think.

I thought there was a statutary 3 month warranty on cars from yards over a certain value?
But I am no expert on the matter:D
I hope you get it sorted.

Gday..i don’t post often but I bought myself a lemon a few year ago and it cost me for years. Obviously he was better versed in mechanics than I was but since then it is amazing what you can learn. Cant give you an exact answer to your question but.. if the salesman had a reasonable opportunity to know the goods were faulty, and did not draw your attention to the fault, then they may be liable for damages under the Trade Practices Act. Here are some relevant extracts below:
Correspondence with sample/description
• Section 70(1) - where there is a contract for the supply (otherwise than by way of sale by auction) by a corporation in the course of a business of goods to a consumer by description there is an implied condition that the goods will correspond with the description

Merchantable Quality
• Section 71 (1) - where a corporation supplies (otherwise than by way of sale by auction) goods to a consumer in the course of a business, there is an implied condition that the goods supplied under the contract …. are of merchantable quality, except
- as regards defects specifically drawn to the consumer’s attention before the contract is made; or
- if the consumer examines the goods before the contract is made, as regards defects which that examination ought [reasonable person test] to reveal

Meaning of merchantable quality
• section 66 (2) - goods are of merchantable quality … if they are as fit for the purpose or purposes for which goods of that kind are commonly bought as is reasonable to expect having regard to any description applied to them, the price (if relevant) and all other relevant circumstances

Fitness for purpose
• Section 71(2) - Where a corporation supplies (otherwise then by way of sale by auction) goods to a consumer in the course of a business and the consumer, expressly or by implication, makes known to the corporation … any particular purpose for which the goods are being acquired, there is an implied condition that the goods supplied under the contract are reasonably fit for that purpose …

• Section 68(1) - renders void any exclusion clause which purports to exclude, restrict or modify the terms implied by Pt V


so...if i had of known this when i got my lemon (mine sold with a faulty roadworthy) - i would have probably looked towards taking the legal road rather than the 1000's it cost me down the truck. hope it helps.

Thanks for the replies.

Very interesting indeed. I'm going to get a final price of the repairs and then ring the used car dealer up and discuss my options with him. If he doesnt seem to care, or wishes to wipe his hands of it, then i'll definetly be digging deeper.

Any opinions on what i should do about the turbo? Upgrade, and to what? Rebuild the original one?

Thanks in advance.

G-Unit wrote:Any opinions on what i should do about the turbo? Upgrade, and to what? Rebuild the original one?.

nothing until you find where you stand with the dealer. it will be better to replace the 2.8 with a 4.2 with a turbo already on it.