Got sold a lemon

**POD** · 25th November 2016, 11:20 AM

Forgive me if this turns into a bit of a long story. My daughter and her partner bought a Mazda 2 hatch from a dealer on the eastern outskirts of Melbourne about 2 months ago. The car was an 'ex demo' with 8500km on the clock and they were given the full new-car warranty. They were very happy with it.
About a week ago, it was parked outside the partner's parents house when a neighbour backed out of his driveway and hit it. Such is life, details were exchanged and they arranged to get it repaired.
This week it has been at a panel shop. The panel beater phoned them and told them that when he removed the trim panels from the rear of the car, he discovered that the car has had extensive damage at some time in the past, looks like the entire rear floor has been replaced and that the work has been done in a manner that is, quote- 'not up to industry standard'. Apparently there is shoddy mig welding everywhere (where spot-welding is the norm) and numerous rust patches already coming through in the repaired areas. All this is concealed behind trim panels and mats etc.

They have been in touch with the dealer, who denies any knowledge of the repairs. This is of course rubbish as they are a relatively small operation and no doubt everyone there from the dealer principle down to the cleaner would know of the car that they pranged, bodged up and unloaded onto the unsuspecting punter. It was only by the happenstance of the recent minor damage that they discovered the fraud, otherwise they might have found themselves 2 years down the track with a car that was completely rusted out and worthless.
The panel beater is reluctant to put anything in writing as he says he gets a fair bit of work from this company (I think they also operate tow trucks as well as a servo).
I wonder if anyone on here has had experience with a similar situation and can offer any advice on what they can do?

**rar110** · 25th November 2016, 11:44 AM

Request an RACV inspection?

**Mick_Marsh** · 25th November 2016, 12:16 PM

Is the panel beater repairing the car?

**bblaze** · 25th November 2016, 12:25 PM

you sound surprised that a new/demo car has had prior damage, don't be its not uncommon. The quality of repair is not normal, that ones I have seen were all repaired to a high standard. Have even seen a casting on the rear of a tractor repaired not to a reasonable standard. I feel your pain, if it was my daughter the dealer would want eyes in the back of their head
cheers
blaze

**strangy** · 25th November 2016, 12:43 PM

Originally Posted by POD

...... quote- 'not up to industry standard'. Apparently there is shoddy mig welding everywhere (where spot-welding is the norm) and numerous rust patches already coming through in the repaired areas. All this is concealed behind trim panels and mats etc.

The panel beater is reluctant to put anything in writing as he says he gets a fair bit of work from this company (I think they also operate tow trucks as well as a servo).
I wonder if anyone on here has had experience with a similar situation and can offer any advice on what they can do?

Alarm bells, time for another panel beater without a conflict of interest (its highly likely to be their work) and the Vic equivalent of MTA and RACV involvement.

IMO entitled to replacement vehicle from the dealer under consumer laws
In any case the Panel Beater would state it was an uneconomical writeoff and Insurance payout worst case.

**NavyDiver** · 25th November 2016, 12:45 PM

Put a written request for them to repair the faults. if the do great, if they don't VCAT works if you document everything you try and their responses.

https://www.consumer.vic.gov.au/cont...m-or-complaint has a compaints and resoultions area. Money back would be best by the sound of the mess.

**POD** · 25th November 2016, 01:01 PM

Thanks for all the comments thus far.
RACV inspection is a good suggestion that I had not thought of. will recommend it to them.
The repair is on hold at the moment, their insurer is of course only interested in paying for the repair of the later damage.
We were all surprised that the vehicle has prior damage, I guess they thought they were essentially buying a near-new car. Much more the issue though is the sub-standard repair, leading to rust problems. If it had been a quality repair I think they would have accepted that they just had to live with it.
Good comment too regarding the stated conflict of interest on the part of the panel beater. I doubt it was his own work as he would probably not have drawn attention to the poor workmanship, but not being prepared to stand behind his assessment is a concern.

**Narangga** · 25th November 2016, 08:31 PM

If there is such a thing I would be trying to contact Mazda Australia. Might cause some leverage with the dealer even if leads to nothing happening from Head Office.

**LandyAndy** · 25th November 2016, 08:34 PM

Was it actually a demo????
Check the previous registrations of the vin no.Could even be on the written off register.
GOODLUCK.
Andrew

**Homestar** · 25th November 2016, 09:04 PM

Originally Posted by LandyAndy

Was it actually a demo????
Check the previous registrations of the vin no.Could even be on the written off register.
GOODLUCK.
Andrew

If it is, it's illegal to sell it on without disclosing that, and it certainly wouldn't be registered. Certainly a ****ty situation all round.

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