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Hi,

I signed a contract for a car today. I am very confused about the WOF and Consumer Guarantee Act. Our independent mechanics picked up 4 minor problems (carbon filter, outer belt of chain belt, air filter and auto flush, which would cost $450 to fix based on my mechanics quote), and the dealer wouldn't fix them because they said the car was on special with price dropping from 15000 to 13000 before giving me another $1000 off with new batteries (after the car needed a jump start for test drive) and better tyres. They finally agreed to fix the carbon filter and the belt. Their finance lady told me that they don't have a warranty it's more of a 30-day courtesy and I'm crazy for not buying their 12month or extended warranties (which were on special), and she seemed confident about any liabilities when I brought up the Consumer Guarantee Act.

My questions are - are they required by law to actually fix the last 2 minor defects for me, and if these 2 defects or other parts fail the next WOF in 6 - 12 months do they need to pay for the repair, if so, how do I go about it? Sorta gutted for signing the contract already, havn't paid a cent yet though while they take the car for repair.

Thanks for reading!

Cheers

You've raised a few issues here which need some clarification.
Firstly, if you are a private buyer, purchasing from a licensed dealer at a negotiated price (ie; not by auction) you are definitely protected by the provisions of the Consumer Guarantees Act (CGA).
The information given to you by the F&I lady at the dealership is completely incorrect, but remember, she is most likely remunerated on how many warranty insurance policies she sells! There is no such thing as a 30 day warranty as the CGA is legislated by law and does not have a specific time frame, but it refers to a "reasonable" time. On a $13,000 car, "reasonable" would most likely mean that a major defect would be deemed to be covered at least 3 months from purchase date, probably longer. A dealer who is insistant about selling you a warranty for use straight away would appear to be trying to wriggle out of their obligations under the CGA.
However, the two items you mention (air filter and transmission flush) wouldn't be seen as defects, they are service items which would not be covered by any warranty either.
If you have agreed to purchase the vehicle without negotiating these service items, the dealer isn't really obliged to do them. However, if you agreed to buy the vehicle subject to a mechanical inspection to your satisfaction, then you can either insist they are done or walk away from the deal. (Given that you haven't handed over any money, you hold the upper hand!)
I hope this clarifies your position.

Thank you so much for the reply =D

I asked them to repair all items but they were insistant on not doing transmission flush due to the "discount," I havn't paid a thing yet but I've signed a contract and does that tie me down?

Should I tell them I want the transmission fixed before I pay for it, when they tell me the car's ready early next week? I am guessing they would say it's not a defect just old age expected from used cars.

Any discount (negotiated or otherwise) has nothing to do with this.
It comes back to my point that if you agreed to purchase the vehicle subject to an inspection to your satisfaction, you can insist they carry out all the work or walk away from the deal if they wont. If you agreed to purchase the vehicle with no conditions attached, then by signing the VOSA you have made a commitment to purchase (ie; similar to a house purchase - conditional or unconditional).
Your final point is 100% correct. This is not a defect, it's a service item that's most likely in keeping with the age and mileage of the car.

Ok thank you for your detailed response, great advices!!