How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
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
14265171
Type Your Australia Law Question Here...
Deborah Awyzio is online now
A new question is answered every 9 seconds

Good Afternoon, I purchased a Nissan Juke on 12/3/16. The

Customer Question

Good Afternoon,
I purchased a Nissan Juke on 12/3/16. The dealer rang me to say that the radio/sat nav/phone component was not working and it would take 2 weeks to get a new one for me. I agreed to still pick up the vehicle and wait for the component. I waited one month for this component to arrive.
I took my vehicle in to have it replaced only to be told they needed to keep the car overnight as they were experiencing problems with the new component.
When I went the next day to pick the car up I was told that the new component was not working and that I would have to wait for yet another one to come from Europe and it could take anything from one week to one month.
I rang customer service at Nissan today to find out the progress of this component only be to told that it was not leaving Europe until the 20th May.
I have asked Nissan to replace the car for me as I will now have been waiting for three months for this component. The gentleman at Nissan said that this was not going to happening and the goodwill that they would be offering me when this situation has been rectified is maybe some free servicing.
I don't think this is at all good enough. I upgraded my original Nissan Juke that was only 12 months old to have these extras. I would like at least $10,000 back which is the difference between the original car and this one.
Is this a reasonable request. What are my legal rights in asking for compensation?
Submitted: 7 months ago.
Category: Australia Law
Expert:  Leon replied 7 months 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 advice but a guide to assist you.Have they said that they cannot repair the car?
Customer: replied 7 months ago.
No they have not. They are waiting for the new part to arrive from Europe but it does not leave there until 20th May so not sure when it will be here
Expert:  Leon replied 7 months ago.
Good AfternoonIf they do not get it then you have a right to seek compensation. The law says they have a right to repair.
Customer: replied 7 months ago.
Ok the law says they have a right to repair and I have given them that opportunity. This is the second time I have been waiting for a part as they could not repair it with the first one. So how many times is reasonable to wait for the repair to be done?It has now been 8 weeks since I bought the car and have been told now that the part will not leave Europe until 20 May so am looking at another minimum of 2 weeks until it arrives - almost three months in total. So how long is a reasonable amount of time?
Expert:  Leon replied 7 months ago.
Good AfternoonIf you do not get it repaired this time, then you can request more than waiting more. The law is not specific on time limits it simply is what is reasonable. I think waiting 2 months and them not repairing the item would be sends unreasonable. I hope this makes sense and is of assistance. Here is some information. https://www.accc.gov.au/consumers/consumer-rights-guarantees/repair-replace-refund