The Australian Consumer Law deals with all new vehicles as well as used vehicles. Depending on the issue you are facing will depend on the remedy that our litigation lawyers can advise you on.
In addition, Queensland legislation provides a further statutory warranty for some vehicles sold by a motor dealer that is less than 10 years old (and not including motorcycles, caravans, commercial vehicles, or written off or vehicles that are incapable of being registered in Queensland because of their design).
Lemon laws cover defects any part of the vehicle that does not perform its intended function or a part of the vehicle that has deteriorated to an extent where it can not reasonably be relied on to perform its intended function.
Depending on the odometer, the statutory warranty in Queensland is either 1 or 3 months, or 1,000 or 5,000 kilometers since taking possession, whichever happens sooner.
Defects that are not covered include paintwork or upholstery that should have been apparent on any reasonable inspection of the vehicle, and defects that occur after the time of taking possession that arises from accidental damage, misuse, negligence or due to an accessory not fitted to the vehicle when sold.
For defects that are covered, the motor dealer must repair the defect or have a qualified repairer (nominated by the Motor Dealer) repair the defect. However, this only occurs if a defect notice is provided to the business before the end of the warranty period.
Gibbs Wright Litigation Lawyers can draft a defect notice to the motor dealer that sold you the vehicle.
If the motor dealer does not repair the vehicle, Gibbs Wright can assist you in the Queensland Civil and Administrative Tribunal (QCAT).
If your vehicle is not covered by Queensland’s lemon laws, you may still have rights under the Australian Consumer Law. Contact our litigation lawyers today to protect your rights.
