Breaking contract because of lemon who pays breaking fees?

S

Soursubarulemon

Guest
Jurisdiction
Australia
guys,

I'm heading to Vcat with our car dealership in one month. We are taking them to court as long story short we have had a car for five months nearly $3g spent and it is still the most sour lemon on the tree and cannot figure what the hell is wrong with it/neither can Subaru Australia. We have the car on finance to break the contract will be $13g the cars only worth $8g I was wondering even if we get our money back from the car yard- $8g who would pay the $5g in fees owing to the finance company to break the contract? It's not our fault but I just can't think what would happen. So Us or the dealer to pay the fees?
We are also owned $3800 from work we have paid for. We are not worried about that so much! We just want to return the car and call it even! Looking at it in my driveway turns my gut. It's a 06 Subaru Liberty but drives like a 77 John deer tractor.

We have been pulling our hair out over this so long it's been the most dreadful experience of our lives. I'm happy to pay for any advise! Please, please let us know your thought.

Thanks in advance.
 
Australia has had lemon laws across he nation and in the various states for the last five years.

It's not as tough as some US laws, but there is help for new and used cars.

Read on:

Lemon laws protect you


As regards your finance contract, you'll need to see one of those great solicitors all across the great country of OZ to see what the lemon law allows you to litigate.
 
Sourlemonsubaru said:
Army judge, thanks your a superstar however I have already read this. I want professional advise/actions to take from a pro
Cheers again
Click to expand...


My suspicion is you'll be stuck with the delta on your loan.
You might be able to bring a small claims lawsuit against the dealer.
I suggest you seek clarification from a solicitor.

Your lemon law at the federal level isn't what it should be, then neither is ours.

Your state laws vary, with Queensland offering the most protection.

Queensland lemon laws website attracts dozens of cases
 
Thanks again!

Anyone else that may have some hits or guides on how I can go about this would be greatly received. Am I in the right to claim back the thousands I have already spent on this piece of junk!? Please note what's wrong with the car today is the exact same problem which we addressed 4 hours after the sale!
It went back to the dealer 5 times before we refused to take it to him again on the 6th time we then took it to our own mechanic Subaru Au. Still not fixed.

Over this car and rude salesman
 
I cannot get link above to work - don't know about anyone else.
 

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