Engine Rebuild or replace

[Gerald Souroup Lurker Find all posts View Profile Close Gerald Souroup]

HI All

I need some advice from you all.

I recently bought a 2005 120 Series Prado with 347,00 on the clock but found out that the dealer (Manjimup Toyota) had bought the vehicle as a trade in broken as the engine was cooked and then rebuilt the engine and sold it to me, After having it for 4 moths i did the service after 10,00 as it was due and the n headed out 4WD one afternoon when the engine started making a noise. After being towed home (Thanks RAC WA) the motor was taken out and it was found that number 3 piston was damaged. It had only done 437 kms after service was done.

Manjimup Toyota rebuilt the motor as from what i can ascertain they worked on the top end but didn't touch the bottom end or so im told.

SO my dilemma are what do i do.

1 x Rebuild my existing Motor
2 x Replace it with another motor
3 x With no warranty do i take Toyota to task even through legal action to get them to rebuild as i would expect the motor to last longer than what it has.

Any thoughts or suggestion welcome.

Regards

[D4D Addicted PP Member Find all posts View Profile Close D4D]

I'd be going option 3 to start with

[mjrandom Out of control poster! Find all posts View Profile Close mjrandom]

Definitely 3, what is the statutory warranty in WA that accompanies a used car? In parallel look for a good replacement engine. If the head is good on your current one that has been rebuilt (check if it is Toyota or aftermarket, if AMC even betterer) use that.

[Bushbasher Out of control poster! Find all posts View Profile Close Bushbasher]

Did you know the history of the car when you purchased it? Was it obviously cheap compared to the going rate of similar used Prados?

[Gerald Souroup Lurker Find all posts View Profile Close Gerald Souroup]

HI All

Thanks for the advice so far, I spoke to the previous owner when Toyota mistakenly left there paperwork in the car. He said that someone in the company had cooked the motor it was used for going to mine sites and that most of the kilometers when done in traveling to and from. That is about all i know. as for pricing i paid $20,000 for it as too whether that good or bad i don't really know. However in the same yard but in there front lot this one was out the back as it wasn't ready to be sold yet there was 2 Prado's around 41,000k which were 2008 GXL with 212,000 on the clock. I originally went to the yard to look at a Nissan Patrol but came out with the Prado instead which i will admit for me i actually thought it was a better choice. While i still think that with the motor going its not going to help my bank balance.

Regards

[Baileys Diesel Group Member Find all posts View Profile Close Baileys Diesel Group]

Gerald;

ACCC states that all work carried out by MTA will MUST come with 12month / 20,000Km warranty. Of course, nothing is as open and closed as that, but even if they are not warranting the sale, they must warrant the work. Have a call to the ACCC and they will point you in the right direction. NO WAY should you be paying for this.
matt

[shodown Senior Member Find all posts View Profile Close shodown]

FYI - 5000 km is the WA statutory warranty for used vehicles, but that might be based on KM & year.

Also - worthwhile looking up Australian Consumer Law - given the amount you paid there is an "implied warranty".

Log a call ASAP with Dept Commerce - It takes 2-3 weeks just for them to assign the case to a case office - the 4-6 weeks for an outcome that is worthless, except for being a potential witness in court.

However, if they find in your favour, it might shame the dealership into repairing.

Have you approached the dealer yet?

[Gerald Souroup Lurker Find all posts View Profile Close Gerald Souroup]

HI

Thanks for info guys. I have approached the dealer and they said that as long as the damage was in the top end they would look at it since they claim they never touched the bottom end during the rebuild.

Im still at a loss as too work you would have rebuild a motor but that what i was told.

Regards

[mjrandom Out of control poster! Find all posts View Profile Close mjrandom]

The 1kz have a history of cracking heads. So once the dealership got hold of it they may only have needed to replace the head and it ran. They may or may not have noticed other damage. But that other damage may have been sustained when the engine was cooked. That is why I asked about the head that is now in the engine, is it factory, AMC or two dogs brand.

[AJ120 Out of control poster! Find all posts View Profile Close AJ120]

Don't know about WA but in SA there is no statutory warranty on vehicles with over 200 thou on the clock!

Cheers Andrew

[D4Dforme Senior Member Find all posts View Profile Close D4Dforme]

Don't know about WA but in SA there is no statutory warranty on vehicles with over 200 thou on the clock!

Cheers Andrew

Spot on mate.....unfortunate but true....Stat warranty's are pretty much the same state to state sort of based on the same guidelines...........there is somewhere on the net you can view the conditions......I did it not that long ago.

Dan

[iantz Avid PP Poster! Find all posts View Profile Close iantz]

There is always an implied warranty, and the product must be fit for purpose. This includes cars, and there is no way you would expect that after 4 months this would be needed. In that case, it doesn't fit the customers reasonable expectations. I would buy a $1000 dollar car to get me around for now, and take the dealer to court.

[Daz Senior Member Find all posts View Profile Close Daz]

I havent anything to do with your dealership, but like most country dealers down here, a lot of their survival depends on reputation.

Manji isnt a huge town, and just like my town Im sure everyone knows everyone, and word travels quickly. I would try to work with them as much as possible, being firm, but without being too nice about it though.

If you arent mechanically inclined, find a mate who is, and see if he can inspect the motor on your behalf. You may want to touch base with Consumer protection early on, and seek their opinion on 4 months life from a rebuild and see if they think is a reasonable chance of this being resolved in your favour.

As others have mentioned, there is implied warranty here. The vehicle was sold as running, and unless it was fully explained to you that the motor had residual issues after the rebuild, it should be fit for purpose for a "reasonable time".

As suggested earlier, big news travels fast in small towns, use it to your advantage.

Also, be careful what you post on the forum if negotiations dont go well. Defamation can come around quickly these days

Good luck

[Gerald Souroup Lurker Find all posts View Profile Close Gerald Souroup]

HI All

I am meeting with my mechanic today and will then decide whether to proceed with talking to the dealer. Thanks for the advice of call accc i have called them and am awaiting there call.

Regards

[AJ120 Out of control poster! Find all posts View Profile Close AJ120]

There is always an implied warranty, and the product must be fit for purpose. This includes cars, and there is no way you would expect that after 4 months this would be needed. In that case, it doesn't fit the customers reasonable expectations. I would buy a $1000 dollar car to get me around for now, and take the dealer to court.

What is a reasonable expectation though, with 350 thou on the clock, the owner has serviced himself, and there is always the unknown of how the vehicle is driven then is it reasonable to expect no major mechanical failures? Well I'm not so sure. There is a reason that warranties aren't required on high k vehicles, so is it reasonable for the dealer to still have to warrant a car?

Really that is symptomatic of today's society, there is always someone else to blame, it's never just bad luck!

I should add I'm not making any judgement on this particular case, just that the whole take em to court attitude doesn't sit we'll with me, there is always 2 sides to look at this from.

Cheers Andrew