Should I get legal advice for my faulty lemon vehicle?
QUESTION
Hi John,
I’m wondering if you can help me regarding a dispute over a warrant claim for a Mazda CX-5.
My local dealership has had my vehicle for over 17 weeks and they claim the have no idea what is wrong with it. In short it won't start. They have replaced multiple things: PCM, brakes, fuses.
Each time they say it will fix the issue and yet the problem persists. I have requested a refund on the vehicle and both the dealership and Mazda are not playing the game, they keep blaming each other. They will not put anything in writing and just keep stringing me along.
I have no idea where I stand or what else can be done. I have sent a complaint to consumer protection here in WA, but I am still awaiting a response from them also.
Can you please please help a girl out who has nothing left in her tank to fight against these companies.
Thanks,
Hope
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ANSWER
Hope,
You need to sit down in front of your solicitor and talk over what to do. The details really matter.
There’s a legislated ‘Acceptable Quality’ Consumer Guarantee. In the event of a major failure (which you can probably successfully argue this is) you are entitled to a refund in full, and your claim is against the dealer who sold you the car - they cannot legally brush you onto Mazda Australia. (Mazda Aust. would be the second respondent in a consumer law case.)
Make contemporaneous notes of your interactions. Send the dealer e-mail follow-up confirmations after every exchange. These both have high evidentiary value. Especially if those cockheads refuse to put anything in writing.
Consumer Protection is going to be useless. You need advice from a decent local solicitor. Take whatever paperwork you have, let them see the full picture, and take their advice. You’ve got a legal problem; not an automotive problem.
Ask them about the viability of claiming the cost of a rental car while your car is off the road also.
Hope this helps. Best of luck.
Sincerely,
John Cadogan
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