DID you hear about the “lemon laws”?
They were passed by the State Parliament in April 2019 in the form of the Queensland Civil and Administrative Tribunal and Other Legislation Amendment Act 2019 (“the Act”).
The laws came into effect on September 1, 2019, and provide additional protections for consumers in relation to defects in second-hand motor vehicles.
Lemons in Lemon Laws Qld
In the context of lemon laws, “lemons” refer to products, often vehicles, that are found to be defective after purchase.
The term “lemon” denotes that these products are flawed and do not meet the expected performance and quality standards.
Factors like the car’s age, kilometres driven, and general wear and tear will be considered.
Specifically, a car is considered a “lemon” when:
- The vehicle has a substantial defect covered by a warranty and occurs within a specific time after purchase.
- The defect persists even after it has been repaired repeatedly.
- The defect substantially impairs the car’s use, value, or safety.
How Can I Avoid Buying a Lemon Car in QLD?
To avoid buying a lemon car in QLD:
Do your research: Check online reviews and forums for common problems with the car model you’re interested in.
Check the car’s history: Obtain a vehicle history report.
Get a pre-purchase inspection: Have the car checked by a mechanic before you buy.
Understand your rights: Be aware of your rights under the ACL.
Need a Lawyer?
What Steps Should I Take if I Think I Have a Lemon Car in QLD?
However, buyers need to remain vigilant. These laws offer little protection in the case of private sales between individuals. In such instances, a buyer’s ability to seek redress for a ‘lemon’ can be significantly limited. Understanding the full extent of your legal rights and seeking professional advice can be crucial in navigating these situations.
If you think you have a lemon car in QLD, you should:
Contact the seller: Discuss the problem with the dealer or private seller to see if a resolution can be reached.
Contact the manufacturer: If the dealer needs to be more helpful, contact the car’s manufacturer.
Seek advice: If you still need more time, consider seeking advice from consumer protection agencies or a commercial lawyer.
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Purposes
The primary purposes of Lemon Laws are to:
Protect consumers: Lemon laws aim to protect consumers from defective goods and unscrupulous business practices.
Ensure quality: They encourage manufacturers and dealers to uphold high-quality standards and provide products that meet specific basic standards.
Provide remedies: If a consumer purchases a defective good, lemon laws provide a remedy, including a refund, replacement, or repair.
Also read: ACL Misleading and Deceptive Conduct: What You Need to Know
Legislation
In Queensland, Australia, Lemon laws are enshrined in the Australian Consumer Law (ACL) under the Competition and Consumer Act 2010. The ACL provides consumers with guarantees for goods they purchase, including cars. If a vehicle fails to meet a consumer guarantee, the purchaser may have a right to a remedy under the ACL.
What Remedies Are Available Under QLD Lemon Laws?
The remedies available to you under QLD Lemon Laws depend on whether the failure is major or minor:
For a significant failure, you can reject the car and choose a refund or replacement, or you can keep the vehicle and seek compensation for any drop in its value.
The dealer can repair, replace, or refund a minor failure.
Recent Updates
Fortunately, recent updates to Queensland’s legislation have bolstered protections for consumers dealing with faulty goods or ‘lemons’. Specifically, the Queensland Civil and Administrative Tribunal and Other Legislation Amendment Act 2019 (Qld) or the ‘lemon laws’ have been established to provide added layers of security to consumers. These laws address several critical issues:
Increasing the monetary jurisdiction of QCAT: The Queensland Civil and Administrative Tribunal (QCAT) can now preside over disputes up to $100,000 concerning:
- Disputes under the Australian Consumer Law (ACL) consumer guarantees for new and used vehicles, and
- Disputes under the Motor Dealers and Chattel Auctioneers Act 2014 (MDCA) statutory warranties for used cars.
Expanding the MDCA statutory warranties: The Act extends the statutory warranties under the MDCA to used cars that have done more than 160,000km or are more than 10 years old.
The new laws, passed on 3 April 2019 and enacted on 1 September 2019, provide more excellent protection to purchasers of used cars. They also facilitate access to more cost-effective, efficient, and expedited dispute resolution processes through QCAT proceedings.
Seek Help for Lemon Car Issues in QLD
Stuck with a lemon car in Queensland? You don’t have to deal with it alone. Reach out to Walker Pender Group today. Our experienced legal team can help you navigate QLD’s Lemon Laws and ensure you get the remedy you deserve.
When you’re stuck with a faulty car, you need lawyers who know the ins and outs of QLD’s Lemon Laws. At Walker Pender Group, our dedicated team has the knowledge and experience to help you navigate this complex legal landscape. Don’t let a lemon car sour your life. Contact us today.
