My 2023 Kia Seltos GT-Line's driver's seat might be faulty. What rights do I have under warranty?

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I purchased a Kia Seltos GT-Line in April 2023. Late last year, randomly, the driver’s seat started moving on its own while driving. The dealership where I purchased the car looked at the vehicle and couldn’t replicate the issue so reset the driver’s seat. It was fine for 16 days and then the problem occurred again. I rang and emailed Kia Australia, and after a three week wait, another dealership looked at the vehicle, failed to be able to reproduce the problem and returned the car. Two days later, the problem occurred again. I contacted both the dealership of purchase, the dealership who last looked at the car and Kia Australia. I have an appointment set for a month’s time. My question is: what rights do I have under the warranty? If the dealership can’t replicate the issue and repair the seat, can I sell the car?

Australian Consumer Law is pretty specific when it comes to this stuff. It’s the carmaker’s responsibility to return the vehicle to a drivable, safe state (which it isn’t if the seat moves on its own) at no cost to you if the problem is a genuine warranty claim (which it sounds like it might be). But you do have the responsibility to give a reasonable time frame and opportunity for this to happen.

If the car can’t be fixed, then you may have a case against the dealer that supplied the car and possibly the manufacturer as well. Either way, if a fix can’t be found, you may be entitled to a repair, replacement or refund if the car fails to meet the terms of the ACCC’s Consumer Guarantees legislation.

Disclaimer: You acknowledge and agree that all answers are provided as a general guide only and should not be relied upon as bespoke advice. Carsguide is not liable for the accuracy of any information provided in the answers.

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