Can I get the car dealer to take this car back?

Question

I bought my Chrysler 300C, 5.7 hemi Touring in October 2007. It was 5 months old and had done 2000 miles. It has been regularly serviced and on the last service at 15000 miles I reported a knocking from the rear. I was told by the dealer that the cause was a nail in the rear tyre and even though it had specialist wheels and tyres, the fitting of one odd tyre would not be a problem. After I got the car back, it developed a serious vibration. I have now got Chrysler involved and since then it has had the following. Four new tyres, Two propshafts, one rear drive shaft, two new rear bearings, one new rear axle and a new subframe. This does not include the number of times that they have swopped the wheels around or tried a different set of wheels. They are about to replace the transmission. The car has now been into the dealer seven times and they have now put me into a courtesy car as they feel it would be dangerous for me to drive. Is there any way I can refuse to have the car back

Answer 1

as the previous person said, it does tend to depend upon the state you live in, as civil matters such as this come under state legislation. As well as this, it also depends on what sort of contract you signed when you purchased the car. If within that contract there is some form of comeback where they state that they will replace the car in the case of a fault, then you would have a comeback, however on an item as large as this, i highly doubt it.

Furthermore, you state that you had it for a while and that the problems started from there. This therefore tends to rule out many of the requirements set out in the Trade Practises Act (NSW) - or whatever your state has, because there is the possibility that the fault came from your actions. Considering this, the car company is therefore meeting their requirements.

In short, your only real chance at getting the car replaced is threatening them with legal action, which means that you will have to be prepared to sue them in a civil action. You will find trouble in doing this unless you can prove that the faults existed when you bought the car, and that you were unaware of this fault. From here it is circumstancial as to what may happen depending on your state laws, as a magistrate may order that they replace the car, however, depending on these laws, he may acknowledge that they have honoured their responsibilty in providing you with the warranty.

At the moment, all i can say is to try your luck, tell them what you want. The worst they can do is say no. Also, go and speak to a solicitor, as they will be able to advise you on where you stand regarding the trade practice laws of your state.

hope this helps and good luck!

p.s. don't worry about the guy who criticised your spelling of 'tyre'. You were correct, he was incorrect. To write 'tire', refers to be fatigued.

Answer 2

Depends on what state you are in some have lemon laws.

Opps, never mind. I see you spell tires as tyres, so you must be a Brit or something. Check your local laws.

Answer 3

All states have a "lemon law".  Find out what your state laws cover.