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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Just want to ask a question. I bought a used caravan from

Customer Question

Hi, just want to ask a question. I bought a used caravan from a dealer for $22,483 but just found out that the roof was hailed and full of dents. This damaged of the roof has not been disclosed to me during purchased. I inform them about it and they given me an option of returning the caravan and swapping it with a similar features or drop it to their yard and they can replace the roof at our cost (wholesale price) I am not prepared to pay more for swapping the caravan and not to prepare paying the repair either. Since, the damaged has not been disclosed to us, I want to know if legally I can return the caravan and get a full refund of our money plus the expenses involve in towing back at their yard which 2000kms approximately. Please help me out. Thanks a lot. Regards ***** *****
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Morning,My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.As a purchaser you have to make your own enquiries and inspections. Being a used caravan the law says that you accept it in its current state and condition. If you asked the question of the dealer about any damage and they have mislead you, or they advertised it as having no damage then you have a claim for false and misleading conduct. Their offer is reasonable and the law says that they have to offer to repair or replace you are not entitled to a refund unless they cannot repair or replace. I am sorry but you have been misinformed about the refund. Here is the law as it stands currentlyhttps://www.accc.gov.au/consumers/consumer-rights-guarantees/repair-replace-refundIf you can show that the damage is substantial then you may be entitled to a refund but you will have to sue them because they will not simply agree. You should also get a report on the damage from an expert to tell you how bad it is and if it affects the structure and safety of the caravan. It is not as simple as you may have been told. If the court accepts that it is major damage then they may order a refund. But being a used caravan this makes it very hard. I am sorry I am not giving you good news but this is where the law stands at the moment. Do you have a report about how bad the damage is?

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