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

Asked by Sallyann

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?

Answered by CarsGuide

25 Feb 2025 David Morley

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.

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