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Ford Kuga 2013: Should Ford or the dealer fix the gearbox?

I was just reading about the recall of the Ford Kugas due to coolant issues and the risk of engine fire/overheating. I bought a 2013 Kuga from a second hand dealer in January 2018. It has 76,000 km on it. I was not notified of the recall at the time of purchase and got the recall notice a few weeks later. I took the car in this week. Prior to the recall service I told the customer service rep that I had also been noticing unusual gear shifting and over-revving as the car took off. The Ford mechanics found that the transmission fluid was black and contaminated. They did not take the transmission apart to fully diagnose, but recommended that the transmission needed to be replaced. The cost: $8,000-plus!! I am still in the statutory warranty period and have done less than 1000 km since I bought it. Ford won't fix it as they say it's the dealer’s issue and the dealer says it's Ford's issue. Have others had the same problem? Also, who should be responsible for this? Ford? The dealer? Can I just return the car for a refund? A new transmission seems like a "major problem" and I would have thought under Australian Consumer Law I could do so. Or does the dealer have the right to simply "repair" it on their own? How can I be sure that they have fixed the issue? Any help you can provide would be hugely appreciated.

It’s the responsibility of the dealer you bought it from to repair it, he’s the one issuing your warranty. The automatic transmission in Fords has been an ongoing problem, and it would seem that the transmission in your car needs to be replaced. The bottom line is you need to sort it out with your dealer, if that doesn’t result in a satisfactory resolution go to VCAT.

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