Got a legal question? Ask Brydens Lawyers

REPAIRS done under warranty — it’s a hot topic. The gurus from Brydens Lawyers are here now offer live and free expert guidance.

4WD DRIVING offroad - proper preparation essential for vehicles - under the bonnet mechanical repairs checking motor vehicle...

REPAIRS done under warranty — it’s a hot topic with Public Defender readers. The gurus from Brydens Lawyers are here now offer live and free expert guidance on this and a multitude of other topics.

Read on to find out their advice and then pose your question about repairs under warranty — or any other legal issue affecting you.

Brydens Lawyers will be answering questions from 1-2pm today. Leave your question through the comments section below.

Recently reader Alyson asked: We bought a car then discovered faults. We got quotes for repairs to a faulty transmission and leaking cooling pump. We were looking at more than $6000. I rang the company who I purchased the car from and eventually they agreed to repair the car. After a month my vehicle was returned with the fault still evident. The car yard also said work was done to the exhaust but nothing about the coolant problem. When I purchased the car I also purchased warranty. When I picked up my car I was charged $1000 for repairs and told $900 of this would be refunded. I have now been waiting four weeks for my refund and paperwork. They now refuse to answer my calls. Where do I stand?

Brydens answers: It is unclear from your inquiry as to why only $900 was refunded of the $1000 which you paid for repairs. If the repairs were covered by the warranty then you should not have paid anything. Of course the warranty attached to a motor vehicle will usually not cover wear and tear but it would appear from your inquiry that the problems of which you make complaint were not of that kind. A formal letter of demand should be sent to the dealership demanding refund of the entirety of the $1000 which was paid. There should also be a demand that the dealer comply with its statutory obligations to honour the warranty and repair the coolant problem. In the event that the dealer continues to refuse then a complaint can be lodged with the NSW Civil and Administrative Tribunal which has wide ranging powers to investigate and intervene in such disputes. This would usually be a far more cost-effective resolution than the prosecution of litigation as against the dealer which would involve you in incurring significant costs.

Have you had a similar problem to Alyson? Is there another legal issue you want to raise? Have your say or pose your question through the comments section below.