Retirees’ powerful US ute for towing caravan had ‘hidden defect’

A retired Queensland couple whose $125,000 imported heavy-duty ute had a “hidden defect” since new have won a fight to have it repaired by the dealer after it broke down ten days after the warranty expired.

The couple had purchased the Titan to use for towing a caravan.

A retired Queensland couple whose $125,000 imported heavy-duty ute had a “hidden defect” since new have won a fight to have it repaired by the dealer after it broke down ten days after the warranty expired.

Brian and Vicki Ehlers, from the Sunshine Coast, took Gympie dealer Performax International (Performax) to the Queensland Civil and Administrative Tribunal after the dealer determined that they would need to stump up the cost of a new engine for their Nissan Titan utility as the warranty had expired.

But in her decision handed down on June 16, QCAT member Kate Chapple ruled that Performax must pay for a new five-litre Cummins V8 turbo diesel engine for the US pick-up truck and test the diesel particulate filter.

Brian Ehlers and wife Vicki.

The ute, which is registered in the Ehlers’ joint names, must be fixed within three months of the date that the dealer collects it from the Ehlers’ Sunshine Coast home.

The dealer expense must not exceed $100,000, the decision states.

Ms Chapple ruled the ute had a “hidden defect” in the form of a defective crankshaft since new.

“Due to the defective crankshaft, the vehicle was at the time of purchase/supply not fit for the purpose for which the vehicle is commonly supplied,” she wrote.

“The vehicle’s engine failure resulted from a crankshaft failure due to a defect in the crankshaft present at the time the (Ehlers) purchased the vehicle,” she wrote.

The car had been imported from the United States and converted to right-hand drive, the tribunal heard.

Ms Chapple stated she relied on evidence by independent car assessor Robert Haigh, who was appointed by the tribunal.

He gave evidence that the car’s engine should be replaced or overhauled and that this engine platform is known for premature crankshaft failure believed to be a manufacturer fault.

Gympie dealer Performax International states on its website that it is the largest independent importer, converter and retailer of American vehicles in the nation.

The decision states that Mrs Ehlers bought the white 2017 model TI Nissan Titan ute as a gift for her husband on June 30, 2020, so he could tow their caravan.

The warranty ran until 30 September 2023, and ten days later when the couple were on a caravanning holiday in Bathurst, west of Sydney, the vehicle’s engine failed.

The couple told the tribunal they bought it because it was “promoted as having legendary power, reliability and efficiency”.

They had the ute serviced by Performax every six months since purchase in 2020 before the engine failed, with seven services and seven oil changes over a mileage of 49,000 kilometres.

Greg Waters from Performax. Picture: AAP/Megan Slade

They told the tribunal that a malfunction light came on before they left for their NSW caravanning holiday, and that Performax told them the ute was okay to drive with the light on because it was just the sensor.

During their holiday in Bathurst they took it to the local Nissan dealer, worried that the malfunction light remained on.

Bathurst Nissan cautioned Mr Ehlers they should not be driving the car with the light on.

Bathurst Nissan performed a regeneration then test drove the vehicle, advising that the code had cleared, the malfunction light had not reappeared, the decision states.

When they went to drive home to Queensland, the ute began shuddering abruptly and the engine shut down, the decision states.

Kevin Thoroughgood and Greg Waters from Performax told the tribunal that they did not disagree with the Ehler’s account of what occurred with the ute and that they believed the Ehlers were offered an extended five-year warranty on the car by the salesperson but declined.

The Ehlers denied this claim.

Mr Thoroughgood and Mr Waters submitted to the tribunal that error codes found by Bathurst Nissan could mean possible engine failure and yet the ute was driven afterwards.

They argued that it is quite possible there would have been no damage if it had not been driven afterwards, and they claimed the Ehlers were told by Bathurst Nissan not to drive the car.

Originally published as Retirees’ powerful US ute for towing caravan had ‘hidden defect’