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NSW New Caravan Defective - Proceed with NSW Fair Trading?

Discussion in 'Australian Consumer Law Forum' started by Patrick Carnuccio, 6 October 2015.

  1. Patrick Carnuccio

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    What is the best approach to get refund under Australian consumer law following the purchase of a new off-road caravan not complaint to gas regulations and not fit for purpose?

    The Van was custom made and purchased March 2015. Picked up in June 2015. Used once only. Noted structural defects immediately plus significant failures with internal cladding (cracking), cladding to shower not fit for purpose (not water resistant board), constant plumbing failures and subsequently discovered, it does not comply with gas regulations. Attempted to have issues addressed by seller/manufacturer, only 50% of issues have been addressed. Major issues ignored claiming abuse. Lodged claim with NSW Fair Trading in August 2015. Initial intervention failed to resolve dispute.

    Now advised by Fair Trading to progress to mediation (max value $40,000per claim - van cost $66,500). Van has not performed as prescribed by seller, it is not fit for purpose and since identified gas regulation non-compliance makes the van dangerous and extremely difficult to re-sell.

    We are not sure if we should proceed with NSW Fair Trading or engage legal representation.

    Frustrated at the lack of regulation within this industry. Any help will be greatly appreciated.
     
  2. Sophea

    Sophea Well-Known Member

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    Retaining a lawyer to resolve the matter for you will set you back in legal fees, so you may be better off trying for mediation first to see where you get.
     
  3. Patrick Carnuccio

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    Thank you for the help Sophea...it would seem that we will have to exercise a bit of patience and hope that mediation will get us closer to a resolve.
     

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