Our Queensland client bought a used car privately. The seller told him it had an aftermarket performance part fitted.
Less than three weeks later, the engine started smoking.
His mechanic found the cause. A plate inside the aftermarket part had come loose and dropped into the engine, damaging it. The part’s maker didn’t pay up. ezylegal stepped in on a no-win, no-fee* basis and got our client a refund for the defective part.
At a glance
- Problem: An aftermarket engine part, fitted by the car’s previous owner, broke apart inside the engine and caused serious damage.
- Claim against: The business that made and supplied the part.
- Legal basis: The Australian Consumer Law guarantees that goods are of acceptable quality and fit for their purpose.
- Result: A refund for the defective part, without a court hearing.
A part he never bought
Our client hadn’t bought the part himself. The previous owner had fitted it a few years earlier, and told him about it when he sold the car.
When the engine began smoking, our client took the car to his mechanic. The mechanic confirmed the part had failed and that a piece of it had caused the damage inside the engine.
Our client paid for the repairs and bought a replacement part from another brand. He didn’t trust the maker’s newer version not to fail the same way.
Holding the maker to account
ezylegal sent the part’s maker a letter of demand. It explained that the part wasn’t of acceptable quality, and asked for the cost of the damage and the replacement part.
When that didn’t resolve it, ezylegal prepared a claim for the Queensland Magistrates Court, ready to be served on the maker interstate.
The outcome
ezylegal secured a refund for our client for the defective part, without the matter going to a hearing.
Can I claim if a part fitted by a previous owner fails?
Often, yes. The consumer guarantees under the Australian Consumer Law don’t end when goods change hands. A later owner can still claim against the manufacturer of a faulty product.
That means a second-hand car buyer can claim against the maker of a faulty aftermarket part, even though they never bought it themselves. If the part caused damage to other parts of the car, the maker can also be responsible for that damage. See how a manufacturer’s warranty differs from the consumer guarantees.
If you’re facing something similar
If a car part has failed and caused damage:
- keep the failed part, or ask your mechanic to keep it
- get a written report from your mechanic on what failed and why
- keep every repair invoice and receipt
- find out who made and sold the part, and when it was fitted
- put your claim to the maker in writing
Get advice early, because time limits apply. Read more about your rights under the Australian Consumer Law.
ezylegal operates on a no-win, no-fee* basis across consumer, commercial and insurance disputes, so you’re not weighing the cost of a lawyer against the cost of walking away.