Defective Motor Vehicle Claims (For Sellers)

If you’ve sold a vehicle that is claimed to be defective, you need to ensure your rights are protected. These disputes can lead to financial penalties and reputation damage without proper legal support. This is where our Queensland defective motor vehicle claims lawyers can assist. Fox Piper helps vehicle sellers navigate disputes over defects and misrepresentation claims, providing robust defense and strategic advice.

Our skilled team ensures you receive the legal representation necessary to address these challenges effectively.

What are defective motor vehicle claims?

Defective motor vehicle claims refer to legal claims made by consumers against manufacturers or sellers of motor vehicles, alleging that the vehicle has defects that make it unsafe, unreliable or not as advertised. These claims can arise from avenues such as:

Breach of Warranty

This can be based on express warranties (specific promises made by the seller or manufacturer), implied warranties (unspoken, unwritten guarantees that the product will meet a certain level of quality and reliability), and statutory warranties under the Motor Dealers and Chattel Auctioneers Act 2014 (Qld).

Fraud and Misrepresentation

Claims that the manufacturer or seller knowingly made false statements or concealed information about the vehicle’s condition or safety.

Dangers and consequences

Defective motor vehicle claims are typically pursued in a civil court or tribunal. Remedies can include repair, replacement, and monetary compensation.

Sellers face these potential liabilities if allegations of misrepresentation or negligence are proven.

            Resolve your dispute in 3 easy steps

            Step 1

            Submit Your Enquiry

            Provide us with details about your situation. We will assess to see how best we can help you. All enquiry submissions are confidential.

            Step 2

            Speak with a solicitor

            We will take the time to understand your circumstances and give you guidance.

            We will speak with you about your matter, give you options, and most importantly potential solutions.

            Step 3

            Post-consultation email

            We know that legal matters can be stressful and that our initial consultation can contain a lot of information. After our consultation we will send you an email with an overview and next steps so you have something to reflect upon and make a careful and considered decision.

            Why Fox Piper?

            Our team at Fox Piper has experience advising and representing private sellers, motor dealers and auctioneers in Queensland. We understand the complexities of motor vehicle sales disputes and can provide tailored legal strategies to protect your interests.

            Actions Fox Piper can take to solve / prevent the issue:

            • Evaluate the merits of the claim and advise on legal defences.
            • Determine if a defective notice (which must be in writing) is valid.
            • Recommend strategies to mitigate liabilities and safeguard your legal position.
            • Provide representation in negotiations, mediation or litigation as necessary.

            Take the first step

            Tell us about your dispute, and our team will assess your enquiry and guide you on possible next steps. We’re here to help you navigate the process with clarity and confidence.

            FAQs

            • What should I do if a purchaser claims a vehicle I sold is defective or misrepresented?

              If a purchaser alleges that a vehicle you sold is defective or misrepresented, it is crucial to seek legal advice promptly. Fox Piper can assess the validity of the claim, advise on your legal obligations under the Motor Dealers and Chattel Auctioneers Act 2014 (Qld), the Australian Consumer Law, and/or contract law, and recommend the best course of action to protect your interests.

            • What are my obligations as a motor vehicle seller under Queensland law?

              Dealerships and auctioneers are required to comply with motor vehicle laws that govern the sale of vehicles, ensuring they meet certain standards of quality and performance. Additionally, under the Australian Consumer Law, you must not make false or misleading representations about the condition, history or performance of the vehicle.

            • Can Fox Piper assist with resolving disputes outside of court?

              Yes. Fox Piper can help facilitate dispute resolution through negotiation, mediation or alternative dispute resolution methods. Our goal is to achieve a favourable settlement efficiently and cost-effectively, minimising the need for formal legal proceedings. If litigation becomes necessary, our experienced team can represent you effectively in court.

            Source
            Australian Consumer Law
            Motor Dealers and Chattel Auctioneers Act 2014