Ask an expert

I recently bought a Nissan Pulsar from a dealer and it has developed a whining noise in the automatic transmission. It is still under warranty from the dealer.

I have been quoted $800 to replace the automatic transmission bearings. Is this kind of problem usually covered under the mechanical warranty provided by a dealer?

What should I do now?

Lee

From the "Ask Jack" archives - 7 October 2009

All private buyers of vehicles purchased from a Licensed Motor Trader are protected under the Consumers Guarantees Act. The CGA basically says, a vehicle must be in good condition, it must be fit for the purpose you intend to use it for, and it must be durable.

There is no time limit to the CGA however it is by no means endless. It is strongest the day the car is purchased and becomes weaker over time.

We assume by "recently", the car was purchased within the last month or so. If this is the case, I believe the dealer would have an obligation to repair the fault in the automatic transmission.

Your obligation is to give the dealer the opportunity to firstly investigate the problem and to carry out the necessary repairs in a time frame agreeable to both parties.

You cannot have the car repaired and then attempt to recover your costs without firstly seeking the approval of the dealer. Any agreement like this would need to be in writing and signed by the dealer.

If the dealer is a member of the MTA you can make contact with their mediation service for further advice (0508 682 633).