Australian Consumer Law
Your rights as a Consumer - Motor Vehicles and other products and services
Under the Australian Consumer Law, you have rights if you are a consumer. These are statutory consumer rights that the supplier and/or manufacturer cannot contract out of, and include that the product or service must:
be of acceptable quality and free of defects;
be fit for purpose; and
match its description.
I commonly see disputes regarding motor vehicles where a consumer has purchased a motor vehicle, and it is defective. At times that defect reveals itself immediately after purchase, 6 months after purchase, or even years later. Sometimes a dealership may quickly resolve the matter (which is obviously the preferred outcome if the defect constitutes a breach of statutory consumer guarantees), but unfortunately this is not always the case.
Are you unsure of the cause of the defect? At the outset we recommend that you reach out to an independent suitably qualified expert to inspect the vehicle and provide an opinion as to the cause of the alleged defect, and when it may have started. Depending on your circumstances, it may be best to obtain that advice verbally in the first instance before its committed to writing, so that you can consider your next steps. In other circumstances, we may recommend getting a formal report regarding the alleged defect, as it is a case-by-case consideration.
Are you having troubles with a dealership or other supplier regarding your motor vehicle that you consider is defective? If so, please reach out to Madeleine Harling of McCarthy Durie Lawyers, and she will be able provide you with general advice on your rights, including whether you have the right to a repair, refund or replacement.
