A southside used-car business has been ordered to pay a customer $4630 after it sold her a lemon.
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But the ACT Civil and Administrative Tribunal rejected the buyer's demands that she be able to return the car and have the sale price refunded.
The buyer paid $8250 for a 2001 Volvo S60 with 120,108 kilometres on the clock from Pollock Wholesale in Phillip in March last year.
Three weeks later, a light to indicate the car was due for a service came on, despite the salesman saying the car did not need maintenance for another 15,000 kilometres.
The woman was unhappy but, as her sons regularly drove the car, she booked a service to ensure its safety.
But the mechanic found the front and back brake discs and pads needed to be replaced, and also recommended the strut tops be changed.
A day after collecting the car, the woman's son was driving it when it began to shudder and neither the brake nor accelerator would work.
The car was towed and had brake fluid replaced.
The buyer rang the dealership in late April, but was told by the salesman the car was not covered by a warranty as she had declined to pay for an extended guarantee.
When she told the salesman she wanted to return the car and have the cost of service reimbursed, he said words to the effect: "That's not going to happen".
She booked the car in for a second opinion at another service centre in early May, and was told the throttle body needed work, the strut tops were worn and a timing belt was due for replacement.
The car then stalled, shuddered when restarted, numerous dash lights came on and the steering locked when she tried to drive it it to an auto electrician.
In May, the throttle body was replaced, the electronics were reprogrammed and a brake light switch sensor was changed.
The woman launched legal action through the ACAT, claiming the car had serious defects at the time of purchase that required repair and made the Volvo undriveable at times.
She also claimed she had been misled about the model number of the vehicle.
But Pollock Wholesale said the Volvo had been fit for purpose and was of acceptable quality at the time of the sale. The dealer blamed the problems on the service centres that carried out work on the Volvo.
The ACAT ordered the dealer to pay $4630.75 to cover the cost of service, replacement of brakes, struts tops and throttle body, towing and inspection fees.
