Am I being taken for a ride?

Leo876

Active Member
Joined
Dec 6, 2012
Messages
63
Hi guys,

Just need some guidance on an issue Im having.

I've recently purchases a pre-owned vehicles and two weeks into driving it I started hearing a slight grinding sound in the back breaks area.
I then proceeded to inform the dealership that I purchased the vehicle from about this and upon an inspection (taking the car to them and just going for a quick drive) the sound just decided to subside. I then continued to drive with the car the sound then got significantly louder.

Turns out the rear right break drum is completely shot.

So my question is. Who is liable for the damages? Should I be covering the costs or the dealer?

Thanks
 

froot

Honorary Master
Joined
Jun 2, 2009
Messages
11,347
If it's completely "shot" as at time of sale.... then it's not roadworthy, which means either there was no RWC issued, or it was done half-arsed.
 

Leo876

Active Member
Joined
Dec 6, 2012
Messages
63
The car has been taken for a roadworthy before I took delivery of it.
 

SauRoNZA

Honorary Master
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Jul 6, 2010
Messages
47,910
I do recall the CPA giving you some kind of cover in this regard since you bought from a dealer, but not in the conventional six month capacity.

I had no problems get various things fixed on my car including the air conditioner within two weeks after purchase.

As long as it's not an issue that you were both aware of and you signed for accepting that as the terms.
 

ToxicBunny

Oi! Leave me out of this...
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Apr 8, 2006
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113,630
6 months as far as I know...

If you're talking about a few weeks later, then its dealerships issue to fix.
 

Leo876

Active Member
Joined
Dec 6, 2012
Messages
63
I have a two year warranty but they said that this issue is due to wear and tear.
 

HeftyCrab

Expert Member
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Mar 26, 2009
Messages
2,292
I think that type of wear and tear doesnt happen "in a few weeks", unless:

1 - They didint tell you about it.
2 - Someone drove the car with the handbreak up.
3 - ?
 

ToxicBunny

Oi! Leave me out of this...
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113,630
warranty doesnt cover wear and tear.

A screwed brake drum doesn't happen in a few weeks.. unless someone drove with the handbrake up but then both rear drums should show the damage...
 

Fazda

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Apr 24, 2009
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Our used cars had a one month/1000 km guarantee - if it is under that mileage and time, I would have no hesitation in asking them to sort it out.
 

Colin62

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Apr 23, 2008
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8,270
In thirty-five years of driving, and somewhere between one and a half and two million kilometres, I've never managed to damage a back brake drum. They last forever, so I suspect that the brakes were badly adjusted or the car was driven for a long way with the handbrake on. On a normal car with reasonably low mileage (under 150 000km) I'd say it's very rare for a rear drum to wear out. I'd be looking for the underlying reason.
 

Venomous

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Oct 6, 2010
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I have a two year warranty but they said that this issue is due to wear and tear.

it is the dealer's problem as it falls within the CPA period.

dealer may not use voetstoots as a term of sale...

afaik it is only permitted If/When the seller is selling their own vehicle. CPA applies even to joe soap back yard selling a car a month for profit.
 

Fazda

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Apr 24, 2009
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11,414
it is the dealer's problem as it falls within the CPA period.

dealer may not use voetstoots as a term of sale...

afaik it is only permitted If/When the seller is selling their own vehicle. CPA applies even to joe soap back yard selling a car a month for profit.

Dealer cannot sell voetstoets - and should offer some sort of guarantee.
 

Lupus

Honorary Master
Joined
Apr 25, 2006
Messages
51,189
Thanks. The CPA clause doesn't really cover wear and tear.

You could not have caused that in a couple of weeks worth of driving, this is an issue they need to fix as it has only been two weeks.
 

ponder

Honorary Master
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Jan 22, 2005
Messages
92,880
They still make cars with brake drums? Anyway for a brake drum to fail is almost impossible, god there are vw beetles out there still doing fine. For the actual 'drum' to fail is bad, shoes no problem. Is it really that bad?

Anyway thread topic inspired this,
[video=youtube;DZtDFIJqRv8]https://www.youtube.com/watch?v=DZtDFIJqRv8[/video]
 

Hemi300c

Honorary Master
Joined
Dec 15, 2009
Messages
26,417
They probably over set the back breaks to get it through roadworthy and for the last while the car has been breaking only on this rear breaks and in some older models it could be just one break being used.
I'd force the CPA issue.
 
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