Ask an expert

I purchased a 2009, BMW 550i with 17,000kms for $35,000 from a registered dealer.

I have owned the car for 14 Months and covered another 10,000Kms, the car now has only 27,000kms on the clock Now the gearbox has a major problem. Should the dealer repair this for free under the CGA?

The CGA guarantees mean the vehicle should be:

◾of acceptable quality – reasonable in looks and finish, durable and safe
◾fit for purpose – either generally or to meet a specific purpose you told the dealer before you bought the vehicle
◾as described – match the description in advertising or anything the dealer said at the time.

When considering used vehicles, the CGA will also take into account:
◾the age, type, price and condition of the vehicle at the time of purchase
◾wear and tear
◾whether a reasonable person would accept the quality and condition of that vehicle.

I would say you would have a good chance of claiming from the dealer on this repair, due to the low mileage traveled.

I would offer the dealer the first right of repair, stating the mileage you have traveled and the price paid for the vehicle.

If they refuse to offer a remedy you can always dispute it in the motor vehicle disputes tribunal.