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NSW Bought Brand New Lexus - Damaged by Dealers - What to Do?

Discussion in 'Australian Consumer Law Forum' started by Julie Samaras, 14 August 2015.

  1. Julie Samaras

    Julie Samaras Member

    14 August 2015
    Likes Received:
    I purchased a brand new 2015 Lexus IS250F end of June. A few weeks later, I noticed an issue with the tints, Lexus organised to collect the car take the car to the tint company to get rectified. They returned the car with the tints and windows in worse condition. I advised Lexus and they argued that it was normal, a lot of back and forth and I opted to get the tints removed and replaced on my own at my own cost. I had the tint company come out to start the works only for him to advise that the damage is not in the tints alone but has extended to the windows. I took the car straight to Lexus only to be belittled and no info given regarding the next step. This is when I initially called NSW Fair Trading for advice. I then sent a letter of demand to Lexus demanding my windows be replaced or a replacement car.

    They collected the car Monday 10th August to replace the windows, only for me to find out on Thursday the 13th August that my car was involved in an accident with Lexus's third party tint company. I have emailed them and spoken to them requesting a replacement brand new car or my money back as I am emotionally distressed by the service and experience I have had so far. Also having a car less then 6 weeks old to be in an accident in Lexus car is not acceptable to be repaired and returned to me due to the fact of loss of value due to the accident and any future issue that my arise because of the repair. I have purchased a new car and that is what I want. I no long want the car as I no longer want any association with Lexus and I feel like this is a sexist attack and was elaborate since my initial issue with the car. I am emotionally distressed because of all that has happened.

    I don't want the car back I feel its now deprecated in cost because of the car now being involved in an accident and had been repaired and no longer factory standard. I didn't purchase a brand new car to only be involved in an accident by the dealers' carelessness only within 6 weeks of owning the car. It's only done 1000kms.

    What is the possibility of them agreeing to replace the car for a brand new car or refunding my money under Australian consumer law?
  2. Tracy B

    Tracy B Well-Known Member

    24 December 2014
    Likes Received:
    Hi Julie,

    They probably should have told you the car was involved in an accident and offered to either fix it to its original condition or replace it. You mentioned you spoke with Fair Trading, were they helpful? Fair Trading should be able to help in your situation. You can lodge a complaint to access their free dispute resolution service. However, they may be slower and more limited in power compared to the NCAT (not a free service but for consumer matters). It's probably worth discussing your rights under the ACL with Fair Trading or the ACCC and then pursing it in NCAT.

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