Bought a Lemon Car?

Time and time again, we find consumers have purchased a new motor vehicle, most often they have desired the particular make or model for some time and are torn between the issues they are having with the car and their desire for the make or model of the car. However, consumers should try and remain objective, don’t let your desire to keep this particular car deprive you of your right to elect a refund or a replacement vehicle!

When issues arise with the car, you need to consider whether the problem is a teething problem (which can be easily fixed in a reasonable amount of time) or whether the vehicle has a substantial fault that would amount to a major failure of a consumer guarantee under the Australian Consumer Law (NSW).

Consumers need to be aware that under the Australian Consumer Law there is a ‘rejection period’ which runs from the purchase date to a date within which it would be reasonable to expect that the failure to comply with a guarantee under the Australian Consumer Law to have become apparent in the circumstances, having regard to the particular motor vehicle, the manner of use which the consumer is likely to use it, the length of time that would be reasonable for such motor vehicles to be used, and the amount of use to which it would be reasonable for the motor vehicle to be put before the failure becomes apparent to the consumer.

Often, the problems are dragged out for extended periods with repair after repair, and we find that when the consumer finally reaches the point that they want to reject the vehicle, they find that whether the rejection period has ended is a critical issue to be determined by the Tribunal or Court.

For the above reasons, when problems with the lemon car are first detected, consumers should consider whether their vehicle has a fault that would amount to a major failure of a consumer guarantee and if so, whether they are prepared to reject the vehicle? If the answer is ‘yes’ then, the sooner the consumer rejects the vehicle the better the prospects will be to establish that the rejection was done within the rejection period.

The rejection does not need to be in writing, however, it is best to do it in writing or make a contemporaneous record of the rejection if made orally, setting out the date, time, place and what was said and the names of the parties to the conversation and any witnesses.

Consumers will usually require legal advice about whether the fault or issues with the vehicle amount to a major failure of the consumer guarantees.

Indeed, often the lawyers will also require automotive expert assistance to understand and determine whether particular faults with the vehicle will amount to a major failure entitling the consumer to reject the vehicle under the Australian Consumer Law. For these reasons, consumers should only seek legal advice from lawyers experienced in this specialised lemon car area.

Why should you choose Cogent Lawyers to provide you with legal representation in consumer lemon car disputes?

Well apart from being recognised by our peers as having a notable understanding of the Australian Consumer Law, with a proven track record of success in lemon car disputes, our Principal Mr Mal Zraika:

• is one of only about 100 lawyers in NSW to have successfully completed the Law Society of NSW Specialist Accreditation Program in Commercial Litigation which encompasses specialised knowledge and experience in the area of Consumer Law. To find out more about accredited specialists click here;
• is recognised as an automotive diagnosis expert in the automotive industry in which he practised for over 20 years prior to being called to the legal profession in 2007;
• is an accredited motor vehicle examiner by the Roads and Maritime Services;
• holds trade certificates in automotive mechanics and liquified petroleum gas systems and mechanics;
• is an automotive specialist in, but, not limited to:
  • petrol and diesel engine design, rebuilding, diagnosis and repair,
  • petrol and diesel fuel injection systems,
  • motor vehicle brakes, suspension and safety systems,
  • mechanical and electronically controlled drive train systems transmissions and transaxles and differential units,
  • advanced engine management systems, vehicle electronic control modules and computers;
  • electronic combustion control systems,
  • modern oscilloscopes diagnosis and interpretation,
• is an Associate of the Australian Institute of Automotive Mechanical Engineers.

This unique skill set is unrivalled in the legal profession. This gives consumers the advantage of having an automotive expert’s knowledge coupled with exceptional legal skills and know-how to challenge any motor dealer or manufacturer’s case.

Mal is also available to consult to other law firms about lemon car faults and whether there is a case for rejecting the vehicle, to respond to any defence alleged by the dealer or manufacturer, and provide advice about challenging any automotive expert evidence at a technical and legal level.

So what are you waiting for?  Give us a call Now: (02) 8379 1227

Do you want to read recent decisions we have obtained in lemon car matters email us through our Contact Us page and we will be happy to send them to you.

Alternatively, if you need assistance with other consumer law matters click here.