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alm128

We purchased a 2006 BMW 118i from a dealership 3 months and 3 weeks ago. The car came with a 3 month warranty and we paid what appeared to be the average market price for this car when we had been researching them (between $13,00 and $16,000). The car was test driven prior to being purchased (with no issues) and we were advised of no mechanical faults or other problems. Over the last couple of weeks, we’ve noticed that the car has a "rough idle" and very recently (yesterday) has started stalling when idling. When we contacted the dealership, their response was that any repairs were to be at our own cost, because the car is now out of its warranty period (by 3 weeks). The car is now unreliable to drive and it feels no longer fit for purpose. Are these repairs something we could reasonably expect the dealership to undertake under the Consumer Guarantees Act?

Anon

Hi there,
Under the CGA, there is no fixed time limit and it often does trump the dealers "warranties".
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.