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Defect Claims

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The Bannister Law team has now decided to bring its considerable Motor Vehicle litigation experience in class actions to individual claims in the pursuit of compensation for defects under the Australian Consumer Laws.

We have always been on your side in the quest for compensation for products purchased that have defects and simply aren’t worth what you paid for them and don’t operate how you expected them to.

Contact us today as Bannister has acted for more car owners in claims than almost any other firm in Australia.

Motor Vehicle and Caravan purchases involve an enormous spend and usually by way of finance and you should expect to receive a working and functional vehicle free from defects, if you have not had a good experience then contact us today without delay.

Consumers may no longer need to be stuck in the endless repair cycle if they have purchased a problematic car or caravan aka a lemon.

Consumers may no longer need to be stuck in the endless repair cycle if they have purchased a problematic car or caravan aka a lemon.
What are the Consumer guarantees on products and services?
Since 1 January 2011, the following consumer guarantees on products and services apply.

Products must be of acceptable quality, that is:

  • safe, lasting, with no faults
  • look acceptable
  • do all the things someone would normally expect them to do.

Acceptable quality takes into account what would normally be expected for the type of product and cost.

Products must:

  • match descriptions made by the salesperson, on packaging and labels, and in promotions or advertising
  • match any demonstration model or sample you asked for
  • be fit for the purpose the business told you it would be fit for and for any purpose that you made known to the business before purchasing
  • come with full title and ownership
  • not carry any hidden debts or extra charges
  • come with undisturbed possession, so no one has a right to take the goods away or prevent you from using them
  • meet any extra promises made about performance, condition and quality, such as life time guarantees and money back offers
  • have spare parts and repair facilities available for a reasonable time after purchase unless you were told otherwise.

Services must:

  • be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage
  • be fit for the purpose or give the results that you and the business had agreed to
  • be delivered within a reasonable time when there is no agreed end date.

Consumer guarantees on products and services also apply to:

  • bundled products and services
  • gifts with proof of purchase
  • sale items
  • online products and services bought from Australian businesses
  • second-hand products from businesses, taking into account age and condition.

The changes to the ACL is not new legislation but a clarification of the existing laws. What does this clarification mean? It means it is now very concise as to when a vehicle, caravan or any other product or service has a major problem. This is particularly helpful when it comes to more easily negotiating an outcome with the supplier.

America has Motor Vehicle Lemon Laws with clear definitions as to what constitutes a lemon vehicle and attorneys will act on a “No Win, No Fee” basis. Bannister Law is proud to announce that they may assist Australian consumers on a “No Win, No Fee” basis if they purchased a problematic (lemon) new vehicle or caravan in New South Wales, Queensland or Victoria.

Motor Vehicle and Caravan “No Win, No Fee” Criteria:

We operate on a “No-Win No-Fee” basis meaning that we will only charge you a fee for providing legal services if your claim is successful.

You maybe be able to bring a claim in NCAT, QCAT or VCAT and in some circumstances you may be able to bring a claim in the Local or District Court.

We will charge a capped fee for our legal services if the claim is successful.

In situations where the costs are awarded in your favour in addition to the compensation ordered by the tribunal then the contribution out of your compensation (if any) to our costs is capped.

If you believe your new car or caravan might be a lemon, please do not hesitate to contact Bannister Law at [email protected].

What is a costs order? – A costs order may be made by a tribunal to order one party to pay another party’s legal costs.

For more information about the Consumer Guarantees:

Enquire about making a claim for your defective Motor Vehicle or Caravan;