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We bought a new boat from a well known dealership. We spent…

Customer Question
Good day, We bought...

Good day, We bought a new boat from a well known dealership. We spent $50.000 on it and have had trouble with it from day 1. The boat broke down 3 times in the last 5 months and I have now returned it’s to the dealership for a refund or a complete new boat. Can you please help me as I don’t want it back as I feel there is something very wrong with it. What are my rights. Thanks for your time. Tienie Rademan Sunshine coast

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

We are in Queensland and it was bought in September 2017

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

No

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

No just want what I paid for and all the mental and financial hardships I have had to go through or going through

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/11/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,327
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

Tienie

your rights come under the Australian Consumer Law Competition and Consumer Act 2010 and the warranties that applied to the sale of the boat if the goods were not proper for their purpose.

You will need to have the boat professional assesed by another boat builder to provide a report upon which you can then raise a claim at QCAT. This report will be crucial for the daamages amount to be claimed.

The altenative to this action is to bring a claim in the local court for breach contract in relation to the sale of the boat, but this will be subject to the contract itself and its conditons stated on the same.

The law will protect you but the correct path needs the chosen.
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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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