Best Motor Vehicle Defect Lawyers in Dandenong

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Galbally & O'Bryan

Galbally & O'Bryan

Dandenong, Australia

Founded in 1935
15 people in their team
Founded in 1935, Galbally & O’Bryan is one of Victoria’s leading law firms. We have a reputation for providing ethical, high-quality personal...
English

About Motor Vehicle Defect Law in Dandenong, Australia

The legal domain of Motor Vehicle Defect in Dandenong, Australia falls under the broad spectrum of Consumer Law. If you've purchased a car that turns out to be defective, you may be protected by Motor Vehicle Defect Law. This law secures consumer rights if the vehicle does not comply with the statutory warranties and guarantees under the Australian Consumer Law.

Why You May Need a Lawyer

Various circumstances might require you to seek legal help related to Motor Vehicle Defect Law. This includes situations such as an unsuccessful refund or replacement claim against the vehicle's manufacturer or dealer, faulty repair works, or the dealer withholding information regarding the vehicle's prior history of significant impairment. In these scenarios, a lawyer specialising in Australian Consumer Law can provide helpful guidance and represent your interests when dealing with manufacturers, dealers or insurance companies.

Local Laws Overview

In Dandenong, Victoria, the Motor Car Traders Act 1986 and the Australian Consumer Law (ACL) 2010 are responsible for governing issues related to Motor Vehicle Defects. According to these laws, a car dealer is obligated to ensure that the car is clear from any financial owing and is in a reasonably acceptable quality depending on the age and history of the vehicle. In case the vehicle is defective or not as promised, the consumer might be entitled to a remedy, which can include repair, replacement, or refund.

Frequently Asked Questions

What constitutes a 'major' defect?

A major defect refers to a problem that makes a vehicle unsafe to drive, or substantially affects its normal functioning, or one that would have deterred the consumer from buying it had they known about the issue.

What am I entitled to if my vehicle is defective?

If your vehicle has a major defect, as per law, you are entitled to ask for a full refund or a replacement. For minor defects, the dealer has the right to choose between repairing, replacing, or refunding.

What is the timeframe within which I can claim a remedy?

The ACL does not specify a particular timeframe for returning a defective vehicle. It states that the timeframe to claim a remedy would be reasonable considering the vehicle’s nature and cost, and how the consumer is likely to use the vehicle.

Are used cars also covered under the Motor Vehicle Defect Law?

Yes, the law applies to both new and used cars. However, one must consider the age and history of a used car while determining what constitutes 'acceptable quality'.

What if the dealer refuses to cooperate?

In such a case, you should seek legal advice. You can also lodge a complaint with Consumer Affairs Victoria or apply to the Victorian Civil and Administrative Tribunal.

Additional Resources

Those seeking legal advice on Motor Vehicle Defects can refer to resources available from Consumer Affairs Victoria and the Australian Competition and Consumer Commission (ACCC). These organizations offer detailed guidelines on consumer rights and remedies.

Next Steps

If you need legal assistance, your first step should be to contact a lawyer specializing in Motor Vehicle Defect or Australian Consumer Law. They can help you understand your options and the best course of action. Additionally, maintain all documents related to your vehicle purchase and any communication with the dealer for future reference.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.