WHILE OVERSEAS CAR BUYERS are well protected with so-called “lemon laws” if they buy a vehicle with documented faults, Australian buyers have no such protection.
Some time ago, we suggested there might be hope on the horizon, but as is so often the case in these matters, little if anything has developed.
A few years ago, momentum was building for a national “lemon law” to offer some protection for buyers of cars with faults that the manufacturers just can’t, or won’t, rectify.
Way back in 2015, Senator Ricky Muir of the Australian Motoring Enthusiasts Party called for a review to consider “greater consumer protection” for car buyers. Nothing came of it.
At about the same time, the Consumer Action Law Centre called for a law that would define a lemon as “a vehicle that has been repaired at least three times by the manufacturer or importer and the vehicle still has a defect – or if the vehicle is out of service for 20 or more days in total due to a defect”.
That would rope in a lot of vehicles that have caused their owners untold volumes of grief, expense and frustration. Consumer Action Law Centre CEO Gerard Brody waded into the argument, declaring they would lobby for a switch in the “onus of proof” for at least the first six months. This would have put the responsibility on the trader to prove that the goods are of an acceptable quality, rather than requiring the consumer to prove that they are not. Nothing happened on that front either.
The Australian Competition and Consumer Commission was also on the case, probing manufacturer conduct “in the context of guarantee obligations”. Federal Minister for Consumer Affairs at the time, Bruce Billson revealed the results of the ACCC investigation and stated, “If you buy a motor vehicle and it has a major failure, you have the right to choose between a refund or a replacement product. While not called a ‘lemon law’, consumer guarantees can provide similar redress.”
Of course, car buyers are already protected by existing laws, but it is often extremely difficult to prove that a fault, even a recurring fault, warrants replacement or refund on such a complex piece of equipment as a modern motor vehicle.
Owners have reported issues on numerous occasions only to have dealers or car companies deny that there is a problem. By defining precisely what a lemon is, owners will have a benchmark by which to measure their problem and demand appropriate action from the seller, importer or manufacturer.
We here at seniordriveraus think it’s well overdue that Australian car buyers enjoy the same protection as is extended to car buyers in other countries.
Sadly, people are still being sold lemons, and getting suitable reparation is no easier now than it was years ago. Is there some brave politician who would like to put the issue back on the agenda?