What to do if your new car is a lemon...
This report comes courtesy of the Queensland Consumer Tribunal and it's particularly for you if your reasonably new car just happens to be a lemon. When you drop the big bucks on a new vehicle, this is not how it's supposed to go...
If you didn’t think having a basic understanding of how consumer law works is an asset to you, as a consumer and car owner, then this report should set you straight.
This is the anatomy of how a complete lemon can beset you, filling you with all the fears that one must harbour when buying an expensive new vehicle.
We all know The Worst Thing About Owning a Modern Car is Bad Customer Service >> But what about spending weeks endlessly traipsing back and forth between the dealership just to get one small niggling complaint fixed, only for something else to go wrong, break or fail, and another one, then another - over and over again.
What should you do? And how do you respond when every time you drop the R-word (refund) they dismiss or deny this ongoing string of faults somehow does not qualify as a ‘major defect’?
Fact is, under Australian Consumer Law, a string of minor defects can amount to a major defect, which is a trigger for a full refund or replacement under law. And happily enough, the court has just found in a case like this which I think is really worthwhile learning about if you, as the car owner of a deadset lemon.
Queensland Civil and Administrative Tribunal (QCAT), which is consumer court up there in Queensland, basically, it had this case called Michael Watkins versus Newstead Mazda.
This judgment was handed down on the 26th of October, 2022, and the application was made on the 2nd of June, 2021 - because nobody ever said the wheels of justice turned rapidly.
The presiding judge, actually known in consumer court as ‘members’, was member Cranwell, who delivered this verdict where the dealer Newstead Mazda has been ordered to return the lemon 2019 Mazda CX-8.
The dealer is ordered to pay him a full refund of sixty thousand dollars. But why?
This case is all about consumer law and how a series of minor defects can turn into a major defect if the court finds in favour of you. But it’s not so simple. As in much of life’s turbulence, it’s not all smooth sailing. You have to play a role in getting yourself ready for this potential legal fight.
Watch the full report to get a complete guide to preparing yourself for consumer law battle. Here are some additional links to questions answered on consumer law related issues that might assist in your situation.
Do I need legal advice about my faulty 10-year-old vehicle? >>
What should I do if the dealer damages my new car before delivery? >>
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