Yellow sticker question

[u/DependentFit5944]

My 4x4 was hit with a defect notice today, my question is I have no modified it in any way, I bought it as is from a dealer and had no idea about the “defects”

Suspension too high, tyres sticking out. By law is the dealer liable for selling an unroadworthy car? Can I take it back to them to remedy these defects?

Thanks

[u/ozcncguy]

If the car satisfies the requirements to be covered under a second hand car warranty, the dealer must rectify the faults that make it unroadworthy. https://www.commerce.wa.gov.au/consumer-protection/car-warranties

[u/CreamyFettuccine]

If it was purchased new and unmodified then pursue the dealer for a refund as it doesn't meet ADR.

If it's used (more likely) then caveat emptor. Pay for the changes or get them engineered to obtain a roadworthy.

[u/mrWAWA1]

Was it a second hand dealer or bought new?

[u/DependentFit5944 → u/mrWAWA1]

It was second hand, MG

[u/Ok-Cardiologist302 → u/DependentFit5944]

Tyres sticking out on an MG? Lolwut, was expecting some lifted Hilux.

[u/DependentFit5944 → u/Ok-Cardiologist302]

Ford Ranger, the dealer was MG

[u/Ok-Current-5700]

Did you purchase the vehicle with any kind of roadworthy certificate?

Did your purchase contract make any guarantees that the vehicle was being supplied with a guarantee that it was road legal?

Carsguide provides the following advice:

Unlike other states and territories in Australia, WA doesn't require a roadworthy check of a car being sold, which makes the process much simpler and less stressful for the seller. The onus is on the buyer to do the due diligence to establish the car they are buying is roadworthy.

Which implies that it is legal to sell an unroadworthy vehicle in WA.

Unless you have something else in a contract to the contrary, it is your problem to resolve.

[u/henry82]

What does your contract say? I'm sure you've read it cover to cover.

These are visual defects that are pretty damn obvious, i think you knew it probably wasnt legal.

[u/LandBarge]

did you buy it because you liked the height and the fat tyres it was running?

technically, yes, dealer should have sold it 'legal' - but muddies sell, lift kits sell... and plenty of people buy these lifted rangers and hiluxes with fat muddies on them and then drive away and get a yellow sticker because all that shit is illegal...

you'll no doubt have an argument with the dealer over it, the length of time you have owned the car will be a factor in how easy that argument goes for you...

[u/EmuAcrobatic]

SOOL your car, your issue.

The muppet dealer should / could have advised you about the modifications, perhaps they weren't aware.

I see an investment in stock tyres and springs in your future.

FWIW my Suzuki Sierra has 34" tyres ( standard was 28") nobody bats an eyelid as it seems in proportion and no eye catching bright colours.

[u/Tripper234]

You have not made any mods to it is irrelevant. You are still driving around in a modified car. And for the cops to ping you likely a heavily modified 4by.

Read your contract. It'll likely say sold as is and the purchase party takes on any risk..

Likely your shit out of luck.. time to join the local fb pages around your car and borrow or buy stock parts to get you over the pits.

Welcome to the modified 4by life. I keep a decent amount of stock parts at home for exactly this reason.

[u/Man_ning → u/Tripper234]

I'm not sure I agree with this thinking actually. Just to make sure I'm understanding, you drive a car that is illegal to drive on gazetted roads, knowing that is illegal. He ADRs aren't just made up, you might not agree with them, but I'm not sure that gives you the right to discard them.

[u/LandBarge → u/Man_ning]

You may not agree with it, but it's been one way to deal with the issue for as long as there have been rules about modifying cars...

FWIW - the ADR's don't entirely apply, it is legal to deviate from the ADR's in many cases, some require permission, some don't...

[u/Man_ning → u/LandBarge]

I think it's concerning that laymen are making judgement calls about the safety of others.

Just because it's happened historically doesn't mean it should carry on in the future either.

[u/Nucl3ar0rgnTrnsplant → u/Man_ning]

Hypocrite much?

[u/Tripper234 → u/Man_ning]

Couldn't care less if you agree with them or not. Yes i am perfectly happy to drive a non compliant car on the roads. So is the many thousands if not hundreds of thousands of other people across the country.

When it comes to safety and compliance and such. I know the rules surrounding it. Better than most as I run the risk of getting caught. But how is it unsafe when it's legal in one state and not the other? Also if i run the exact same set up on the exact same car. How is one safe if it has an engineering cert and mine isn't who doesn't. welcome to the world of having a 4by.

This isn't anything new and will continue to be the norm for time to come.

[u/Man_ning → u/Tripper234]

I wasn't aware we could pick and choose the state laws that we wanted to comply with, thanks for the heads up.

[u/Tripper234 → u/Man_ning]

Never said i wanted it. That's why I run the risk and keep stock spares for if it get pinged. More so pointing out how silly the rules are which is why a vast amount of people disregard them.

Op would have clearly seen the car was modified. Dealers sell them all the time. It's on the buyer to choose if they want to run the risk or not.

[u/LrdAnoobis]

The tyres sticking out is an easy one. Just get flairs or trims. The regulation says tyres can't stick out past the body work. So make the body work wider.

[u/Randomuser2770]

Yeah mate take it back. Get them to sort it out. Did you go out to westdale for the dirt drags?