Defective Motor Vehicle
In the dynamic and often complex world of motor vehicle transactions, issues can arise unexpectedly. One such challenge is the unfortunate circumstance of acquiring a defective motor vehicle.
At Arida Lawyers, we specialise in navigating these intricate legal landscapes with the utmost professionalism and dedicated focus. Our specialised legal team, backed by extensive specified knowledge and a strong history of achieving successful outcomes, is proficient in addressing the legal matters surrounding defective motor vehicles.
Operating in New South Wales, Australia, we provide tailored legal services to consumers, dealers, and manufacturers, intricately weaving through the guidelines set by the Australian Consumer Law, the Fair Trading Act, and the Motor Dealers and Repairers Act. We approach every case with a deep understanding of its unique factors, combined with an unwavering commitment to serving our clients’ best interests.
Our Legal Services for Defective Motor Vehicles
Our legal services are specifically designed to meet the needs of consumers, dealers, and manufacturers. Our approach is thorough, personalised, and geared towards achieving the best possible outcomes:
Informative Legal Advice: Receive precise and up-to-date advice on your rights, obligations, and potential remedies related to defective motor vehicles under the prevailing Australian laws.
Constructive Negotiation Facilitation: We'll act as your voice in negotiations between the relevant parties, guiding the discussions towards fair and effective resolutions.
Litigation Representation: We will advocate for you, whether in the New South Wales Civil and Administrative Tribunal or Courts, constantly aiming for beneficial results.
Assessment and Validation of Vehicle Defects: We provide guidance in the technical evaluation and validation process of vehicle defects, ensuring accurate representation of the issue.
Legal Correspondence Management: We handle all the communication with other parties involved, including drafting and reviewing legal letters, notices and responses.
Remedial Measure Exploration: We will guide you through potential remedial measures, such as repair, replacement, or refund, as per Australian Consumer Law.
Dispute Resolution Support: We provide assistance in settling disputes related to defective motor vehicles through alternative dispute resolution methods, such as mediation or arbitration, before resorting to litigation.
We will be with you every step of the way
Our firm recognises the diverse needs of our clients and the various ways in which defective motor vehicle matters can manifest. Therefore, our service portfolio is broad, encompassing legal advice, negotiation facilitation, litigation representation, and beyond. Whether you're a consumer seeking guidance, a dealer striving for compliance, or a manufacturer aiming to understand liabilities, Arida Lawyers is here to ensure you are well-equipped and confidently supported.
We are eager to assist you through the intricacies of defective motor vehicle matters. We invite you to get in touch with us today to experience our dedicated legal services. Our team is ready to listen, advise, and relentlessly work towards the most favourable resolution for you. Together, let's pave a path to justice.
Consumer Guide for Defective Motor Vehicles
Buying a car is a significant investment.
As a consumer, you have legal rights and remedies available under the Australian Consumer Law, set out in Schedule 2 of the Competition and Consumer Act (NSW) 2010, should your vehicle present with mechanical, electrical or safety issues.
Arida Lawyers are here to assist you in enforcing your consumer rights and seeking the compensation you are entitled to.
What are your rights as a consumer of a defective/lemon motor vehicle?
As a consumer purchasing a vehicle from a dealer, the dealer must ensure that the vehicle is safe, reliable, defect-free (subject to the provision of sufficient disclosure) and fit for its intended purpose, otherwise known as consumer guarantees.
If the dealer fails to satisfy these consumer guarantees, then you may have the right to seek compensation from the dealer/manufacturer.
Compensation will typically involve the provision of repairs by the dealer/manufacturer within a reasonable period of time, a refund and payment of consequential losses (if you are paying finance on the vehicle or incurred hire car fees). The compensation available is dependent on the facts and circumstances of each case.
What remedies are available to you if you have purchased a defective/lemon motor vehicle?
Depending on the facts and circumstances of your case, you may be entitled to some of the following remedies from the dealer/manufacturer:
Repair: the dealer/manufacturer may be legally obligated to repair the vehicle at no cost to you if the identified defect is repairable and capable of repair within a reasonable period of time. If the dealer/manufacturer cannot identify and repair the defect within a reasonable period of time, or if multiple defects present with the vehicle subsequent to numerous repair attempts, then you may be entitled to a partial or full refund or a replacement vehicle.
Refund: Should the repair attempts fail, you may be entitled to a full or partial refund of the purchase price of the vehicle, depending on the severity of the issue and the length of time you have owned the vehicle.
Replacement: If the defect is not capable of repair, or the vehicle presents with a major failure, then you make seek a replacement vehicle that is of the same make and model and ultimately comparable to the vehicle you purchased.
Compensation: Depending on the circumstances, you may also be entitled to claim damages in the form of consequential losses that you incurred as a direct result of the defective vehicle, such as, but not limited to, the repair costs, rental car fees, towing expenses, finance payments, insurance and registration fees (during the loss of use period).
What actions can you take if you have purchased a defective/lemon motor vehicle?
If you have observed defects with your vehicle, we suggest you take the following prompt actions to secure your rights and increase your prospects of obtaining a remedy:
Documentation: Keep detailed and comprehensive records that accurately capture your experience with the vehicle's defects and correspondence with the dealer/manufacturer. These records should include stamped photographs and videos, service and diagnostic reports and detailed notes of your telephone conversations with the dealer/manufacturer addressing the defects. This evidence will likely be required to substantiate your demands against the dealer/manufacturer.
Contact the dealer/ manufacturer: As you become aware of the defect, you should notify your dealer or the manufacturer of the vehicle immediately and request a repair, refund, or replacement vehicle. As discussed above, the listed remedies are subject to each case's circumstances.
Contact Arida Lawyers: If the dealer/manufacturer denies your claim for remedy, then contact us today so that we may protect and enforce your consumer rights.
How can Arida Lawyers help you with your defective motor vehicle claim?
At Arida Lawyers, our lawyers specialise in consumer law and have extensive experience assisting and representing clients who have fallen victim to defective motor vehicles.
We will assist you by negotiating with the dealer/manufacturer on your behalf and providing legal representation in courts and tribunals to enforce your rights and protect your interests.
Contact Arida Lawyers today and take advantage of our free 10-minute consultation today so you can learn more about how we can assist you.