VIC What are Our Rights Regarding Lemon Car?

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cheryl.mc

Member
16 January 2017
1
0
1
We brought a new Mitsubishi Pajero in February 2014. We planned an 8-week holiday in SA towing, a caravan. We brought the car for this purpose. We left Victoria in the middle of August 2014 with just over 1500km on the clock. It had its due service before we left.

A week in to our holiday in the Barossa Valley, our car came to a complete stop. We had it towed to the nearest Mitsubishi dealership. It had blown the oil seal which meant the bottom of the engine had to be totally rebuilt, which took over 3 weeks.

In that time, we claimed through our RACV membership a car and accommodation. At no time did Mitsubishi offer us any assistance, except a car to tow our van to another caravan park, of which we had to pay them $100 for the use.

Since then, we have had to return the car 4 times to the dealership for repairs and oil leaks in this area of the car. The pump is currently been pulled apart again for the second time in 8 months in an attempt to fix a oil leak.

We are not confident any longer to tow the caravan or take long trips as we believe the car is unreliable.

Can you please help if we have rights with the lemon car?

Thank you
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Cheryl,

So when you buy a car from a dealer, especially a reasonably new car, you expect a few things like the car being fit for purpose and lasting a reasonable amount of time without a major defect. While this seems to have been happening over a long time (the past 12 months) it has been an ongoing situation.

Under Australian Consumer Law, the dealer has a requirement to resolve minor defects in a reasonable timeframe. If this is ongoing, then they haven't done this. It could be argued that returning the vehicle as many times as you have, has diminished your confidence in the vehicle and for this reason it is no longer considered fit for purpose, which was to tow a caravan.

It sounds like you may have grounds to seek a resolution under Australian Consumer Law.

Have a read of this blog and see if the information contained in it helps. It should give you some direction on how to proceed. https://www.lawanswers.com.au/blog/lemon-car-what-you-can-do-under-australian-consumer-law/
 

Matthew Karakoulakis

Well-Known Member
27 October 2016
69
13
224
We brought a new Mitsubishi Pajero in February 2014. We planned an 8-week holiday in SA towing, a caravan. We brought the car for this purpose. We left Victoria in the middle of August 2014 with just over 1500km on the clock. It had its due service before we left.

A week in to our holiday in the Barossa Valley, our car came to a complete stop. We had it towed to the nearest Mitsubishi dealership. It had blown the oil seal which meant the bottom of the engine had to be totally rebuilt, which took over 3 weeks.

In that time, we claimed through our RACV membership a car and accommodation. At no time did Mitsubishi offer us any assistance, except a car to tow our van to another caravan park, of which we had to pay them $100 for the use.

Since then, we have had to return the car 4 times to the dealership for repairs and oil leaks in this area of the car. The pump is currently been pulled apart again for the second time in 8 months in an attempt to fix a oil leak.

We are not confident any longer to tow the caravan or take long trips as we believe the car is unreliable.

Can you please help if we have rights with the lemon car?

Thank you

Hi Cheryl,

Lance is correct. The Australian Consumer law differentiates between major and minor defects in its application to motor vehicles, with different remedies available for each. Mitsubishi have failed you and your vehicle is not of a standard that is acceptable for a vehicle that was purchased new.

I can provide you with the legal representation that you need most in seeking a refund or replacement from Mitsubishi. Please feel free to contact me via Matthew Karakoulakis, Lawyer, AMK Law - Melbourne, VIC - LawTap - Find a Lawyer & Book Online Instantly to arrange an appointment.
 
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