Hi guys!

Because I know you guys are pretty down to earth can someone clarify whether you think I have any feet to stand on for a refund. The car had travelled less than 600km since purchase in less than 1 week...

So I purchased a 2009 subaru sti. 40000kms on the clock and immaculate condition inside and outside. I was told by the salesman it had a service just before and everything is mint... So after handing the keys to my missus for a week. After a couple
Of days she notes it's blowing white smoke in the morning before she goes to work. So I get home a couple of days later. I drive it and it stalls. Start it back up and it has check engine light. I take it to subaru specialist and he determines it has a misfire in one cyclinder and most probably broken ring lands... So
I ring the dealer... I ask for it to be returned and they tow the vehicle from my house a couple of days later.... I find out today that the engine has been rebuild previously... Bores still have home marks... Damage to the camshaft not on the lobes on the actual shaft! One cylinder has 60psi compression... The turbo is full of oil along with the manifold.... And it was later found to have bits of metal in the sump...which oil had been passing around the intake etc aswell

My question to you is can I demand a refund or a replacement vehicle of equal value? I would never of bought the car if it had a rebuilt engine.... And I certainly don't want it to be rebuilt again but I more worried about the rest of the drivetrain in this thing :(

I came across this

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

Is this true?

Many thanks

Wish I bought another datsun :)

Contact fair trading first but as it a used car under 100000 km and under 5 years the dealer should under lmct (licensed motor trader license) have a 3 month statutory warranty. That replaces or rebuilds whats needed.

Contact fair trading if you want back up and see ifbyou could get refund (my understanding was that was for new cars not used) otherwise get a recoed engine or a decent 2nd hand from a subaru specialist such as got it rex or similar. Tgey usually gurantee compresion ratios and 3months on engine too. Get dealer foot the bill. Fair trading may be beneficial as you will have their back up for getting a replaced engine in decent condition.
Otherwise get engine rebored oversize for pistons and get them to foot bill.
After my forester started having issues at 150000km it was time to trade it in. Felt sorrybwho ever bought it but I traded it fair and square.

40,000kms sounds like an ecu replacement for lower kms to show or it was just thrashed like crazy for the last 4 years then you bought it. Good luck and let us know what pans out.

pretty sure there's a cooling of period isn't there? like a month or something?? ringing fair trading would be the go though. it should have warranty otherwise you should be able to claim insurance, i dont know why they would rebuild it when a new replacement engine probably costs the same. i was just in a bit of a tiff with holden because i blew up the motor in my r8 maloo, they sold it to me with an xforce bimodul exhaust and the cat collapsed and #OOPS#jed my engine. still had to fork out for the motor but they put a bunch of walkinshaw stuff in it for free

A cooling off period is only before you take delivery, and only 1 business day after signing a contract in QLD. Some other states have no cooling off period.

Also in QLD, there is a statutory warranty on major components for something like 3 months/5000km. I think that's your only recourse at this stage.
In QLD you'll find info about your rights in relation to buying used cars on the Office of Fair Trading website. Other states would presumably have similar deptartments.

Really should have been found with a compression and leakdown tests before purchasing.

You're in Perth, yeah? If so, there is no cooling off period. I'm in the industry Bailz and have my regulations book at work.
Being 4 years old, it's only just out of new car warranty. Did the car come with service books, in particular books showing full Subaru service history? Who was the car's original selling dealer? Might be worth your while to speak with that dealer's Service Manager, explain your situation and ask him/her to check your car's history on Subaru's intranet. I know with Honda, I can check any Honda's service history by punching it's VIN into HondaNet and it will show all dates & basic description of any AUTHORISED work carried out. I'm sure Subaru would have something similar.
You might luck out and discover that the rebuild was done at a Subaru dealership but even if it wasn't, yet has a full authorised service history, Subaru Australia *may* come to the party somewhat by covering the costs of parts.
But don't quote me on that.
At the end of the day, your used car 3 month/5,000km statutory warranty covers parts that deem the vehicle to be unroadworthy if they fail. E.g. A heater core is covered, but air conditioning is not. P.M. Me your number dude and I'll try and assist as best I can.

purchased vehicle from a non subaru dealer.
car came with service history first service at subaru then the rest at reputable subaru specialist.
It was not disclosed to me that the vehicle had been rebuild or had any major works done.
The engine has obviously been put back together using unsatisfactory parts.
some parts are missing off the engine like heat shields etc.

In WA we have a statutory 3 month 5000km warranty. I am very familiar with this warranty but I cant seem to work out what happens when the vehicle has a major failure that makes it unfit for what I purchased the vehicle for.

Its just before xmas and I had bought the car mainly for the missus so she had a nice car to drive around. I work away long hours and i am stuck with a lemon car and have 35k invested into it....

I would be more than happy just to get my money back so I can buy another car

Quote:
you tell the dealer and get them to inform their warrantor to instigate the claim process.

I don't think you have any rights to a refund. It's buyer beware. A full inspection would more than likely have found this problem before you bought it. Find the problem after you buy it and, you now own the problem I'm afraid. They should cover it under the warranty though.

If a car is sold with a rwc and reg for over $3k or $5k (cant remember) in all states has a 3 months warranty. And depending on contract 1-2 week cooling off period for refund. Other option"s fair traders or even have a go at rwc bloke and say its a boggie and threaten his license. Dont let em push you around , just ask for money back immediately or repair it.. And also applies to private sales but not auctions, claim must be given in writing and he has a week (5 working days). Yards are usually insured so dont think its will be a hassle. more than likely theyll do a exchange motor

That's awful man, hope things get better for ya.