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What rights do I have when I’m sold a car that has had a…

Customer Question
What rights do I...

What rights do I have when I’m sold a car that has had a major manufacturing fault, in the process of trying to fix it it has caused a domino effect of faults with the car. I has been in the work shop for over 4 months, when I mentioned issues with the car was a,ways told it was normal and not to worry.

Lawyer's Assistant: What state is this in? And how old is the car?

Brisbane e Qld and I bought the car brand new in Feb 2015

Lawyer's Assistant: Has anything been filed or reported?

I reported the car to ACCC and Office of Fair Trade they have done all they can do, I don’t qualify for legal aide and I can’t afford a lawyer

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am in contact with VWA and they have give me a rental while I’m waiting but I think that’s all

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/9/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,319
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 4 months ago

your rights come under the Australian Consumer Law Competition and Consumer Act 2010

you will be able to raise a claim in the local court on this matter, not SAT, but you will need to obtain independent mechanical specialist reports on what is actualy wrong and the cost to fix. Then with these reports you will claim the damages amount against the other party.

would you like to consider this option ?

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Customer reply replied 4 months ago
The only problipem is that I don’t have my car, it’s still with the mechanics with is where it is while Volkswagen and the Serivce Dept try and work out what’s wrong with it which is where it has been for over 4 months
Solicitor: John Melis, Lawyer replied 4 months ago

ok

even on this basis you can still raise a claim.

you just need the mechanical engineer to go an inspect the vehicle in their workshop, they will allow it

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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