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VIC Purchased Lemon Car at Lorbek Luxury Car - What to Do?

Discussion in 'Australian Consumer Law Forum' started by Joanne142, 8 October 2015.

  1. Joanne142

    Joanne142 Member

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    Hello
    We brought a used Mercedes Benz car from Lorbek Luxury Cars, in January of this year with a Lorbek warranty.

    From day one there has been problems with this lemon car, some problems have been covered by warranty, others by ourselves as their warranty did not cover them. There are even still problems we complained about from the start that have not been fixed. We now find once again problems one with the computer part of the car and the other with both lower arm suspension this has be quoted at over ten thousand dollars for the work and is not covered by the warranty.

    We are not rich and are still paying off this car.

    Below are some of the things that have been done to the car
    1. Both front shock absorbers at payed half price by myself.
    2. Replace roller blind in rear sunroof.
    3. Repair intermittent fault with reversing camera screen - still unresolved.
    4. Replace faulty air conditioning condenser - I paid the extra to have a new one fitted and the labour and regassing. Warranty only covered 2nd hand part.
    5. Replace two faulty 02 sensors rear of both catalytic converters - not covered by warranty
    6. Replace 8 spark plugs - not covered by warranty
    7. (Replace both lower control arms in front suspension - not covered by warranty
    8. Fix unresolved engine management fault - cylinders dropping out.

    Replacement of computer, still on going, ten thousand dollars to fix, not to mention what we have already payed. We have been told by the mechanic that someone had played around with the computer component of the car. Not to mention many hours missed at work taking this car back and forth to be repaired.

    Please, can you help under Australian Consumer Law?
     
    Petez and Raja Saqib Afzal like this.
  2. JS79

    JS79 Well-Known Member

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    Dear Joanne,

    Buyers are protected by consumer guarantees which state that a supplier and/or manufacturer must guarantee the motor vehicle is of "acceptable quality". Acceptable quality can differ depending on the type of car, age of car and the mileage of the car.

    I have found a link that has a lot of information regarding buying cars in Victoria and the sellers responsibilities under the Australian Consumer :aw:
    http://www.consumerlaw.gov.au/content/acl.../motor_vehicle_sales.pdf

    Consumer Affairs has also published an article on how to resolve a dispute regarding sale of cars and it can be found here : Resolve a dispute - Consumer Affairs Victoria

    Good luck
     
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  3. Jason James

    Jason James Member

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    Hi Mate

    I had the exact same issue with these guys just on 2 years ago. Likewise I purchased a mercedez, 6 years old, no issues during the text drive but the moment I paid in full for the car, signed on the dotted line and drove off the lot... not even 5 minutes later the engine oil light was flashing.

    Long story short I returned the car around 10 times in 10 months for repairs and they were still unable to fix anything. I had the 3 month warranty that kept on getting extended due to the fact that over 10 months, I'd only had the car in my possession for around 2 months. The rest was in their warehouse getting repairs.

    They would keep it for months at a time. Not updating me on the status. I'd have to hound them with frequent calls everyday to ask them when I'd be getting my car back and I'd keep being told "next week" "ah sorry delays, need another week" it got to the point of ridiculousness. At no point was I offered a courtesy car or even a refund, nothing. When I asked for a refund after 6 months I was abused over the phone, called an idiot and that's when they didnt return any of my calls for months.

    My options were to go to VCAT but the issue with VCAT is that these used car dealers are used to these proceedings and will go prepared. They will prove that they have tried to fix the car and even if VCAT rules in your favour, there is no real punishment for not complying. You will have to go to the supreme court to even get a ruling from VCAT legally implemented (i could be wrong with the terminology but all i know is frequently these guys just ignore the rulings from vcat with no consequences). They knew I didn't have the money to go to court so were just waiting me out to see when id give up and just take the car as is.

    I didn't, I confronted them and settled a refund of the car minus stamp duty. All up I lost about 8 grand.

    My thoughts: take the car back and sell it for scrap. You'll make more money this way and stress less than if you go to court where the lawyers get everything and you'll lose 2 years of your life.

    I know i've replied late but hopefully you've resolved your issue and or you take something from this.

    Don't buy from a used car dealer again. And certainly don't trust them when they say "oh it'll be fine, just needs blah blah blah".
     
    Raja Saqib Afzal likes this.
  4. Joanne142

    Joanne142 Member

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    Hello,

    Thank you for your response.

    We bought the car for forty-thousand and sold it for nineteen thousand, as we could not continue paying out for the problems that just kept going on. Apart from the selling loss we were out of pocket eight thousand dollars plus many lost days of work.

    We have just gone through Vcat; they gave us $1300 but we are not holding our breath that we will ever get it. Part of Vcat was that we had to send all paperwork to Lorbeck's that we were going to use in our case they also had to send all there information they were going to use. We sent ours but they did not send theirs. Mr L and his salesman that sold us the car turned up at the proceedings.

    Mr L was a very rude man, and the judge had to ask him to behave right through the proceedings. We were disappointed with the outcome but it was enjoyable seeing this very arrogant man being told off. One would expect better from a company of this size no matter how old the car is.

    We now have to move on as taking it further would just be throwing more good money down the drain not to mention the stress of it all.

    Thank you again
     
    Raja Saqib Afzal likes this.
  5. Raja Saqib Afzal

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    Hi Joanne142,

    Thanks for sharing details. Can you guide me and share more details as I am also a victim of buying a car from Lorbek Luxury cars?

    I will be grateful if you share more details that can help me with my case.


    Regards
     
  6. Petez

    Petez Member

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    I think this story needs told. Lorbek Luxury Cars sold with full knowledge an unroadworthy 2011 Porsche Panamera Turbo a few months ago. Initially they tried selling it to a Melbourne Porsche dealer who rejected purchasing the car.

    A full report of that vehicle from the Porsche dealer shows major faults. It appears none of those faults were rectified prior to actually selling the Porsche. The owner foolishly believed lies about the car from the salesman. Also having very briefly driven the vehicle and that it passed a roadworthy certificate he had faith it was a safe and mechanically sound prestige vehicle.

    Soon after delivery the car had some issues which he took to the local Porsche dealer, upon inspecting they told him it is unroadworthy. Brakes, tyeares and suspension had to be replaced, this is when Lorbek stopped being customer focused. Denying any liability and saying it was the owners treatment of the vehicle that caused these issues. The owner spent a lot of money to get his car back on the road. In all it has been in Porsche workshops for over a month since purchasing the vehicle.

    The roadworthy certificate without a doubt was fraudulent from Europei Motori in South Melbourne and they are under a very serious investigation from VIC Roads. I hope for all the motoring public that they get made an example of and lose there roadworthy certification licence. Lorbek I understand have a close relationship with them and is where their Roadworthy Certificates are done for their car sales.

    Lorbek knew it was never roadworthy from the very detailed pre purchase report from the Melbourne Porsche dealer. David Lorbek lied to the owners face about several aspects of the vehicles condition. Lorbek's website states that all there vehicles are inspected and tested if so how can a defective vehicle be put up for sale let alone knowingly sold.

    Now Lorbek are in the process of being sued for the costs of repairing an unroadworthy car to get it roadworthy. This is a very clear case of a company who acts dishonestly with intent to gain financial advantage. Lorbek's warranty department and management treated the owner with contempt. The vehicle owner, an innocent victim of this company was told by the Srecko Lorbek to never contact him again after complaining of his companies conduct.

    They threatened defamation and sent legal letters to what end. The truth is all he wanted was he paid for, a roadworthy car. He expected and now demands Lorbek pay for the lawyers bills and repairs to fix what they knew was an unsafe and mechanically flawed vehicle.

    Lorbek deserve condemnation from the motoring public and industry. Certainly deserve no respect as business owners. The Motor vehicle licensing authority and police need to take a long hard look at this company and it's operations.
     
  7. Matthew Karakoulakis

    LawTap Verified Lawyer

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    Hi Joanne, Jason and Raja and Petez,

    It is disturbing to see multiple victims of this dealership and the losses you have suffered. Lorbek Luxury Cars needs to be held accountable for their actions.

    JS79 is correct, as there are specific consumer guarantees that apply to motor vehicles and car dealerships. The Australian Consumer Law also separates major and minor defects, with specific remedies available for each. There are other legal avenues that can also be pursued.

    My firm frequently deals with consumer law claims and we are experienced in holding major manufacturers accountable. If anyone requires legal representation or wants to take matters further with Lorbek, feel free to contact me at Matthew Karakoulakis, Lawyer, AMK Law - Melbourne, VIC - LawTap - Find a Lawyer & Book Online Instantly to arrange an appointment.

    Yours faithfully,
     
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