Disgruntled caravan buyers head to court

COMMENT

While it’s clear that many RV manufacturers and dealers have lifted their ‘quality’ game in recent times, overweight and non-compliant caravans continue to be an issue for some caravan buyers.

Already this year we’ve seen high profile consumer ‘wins’ off the back of unconscionable conduct, including the Victorian Civil and Administrative Tribunal (VCAT) in April ordering Melbourne's Roma Caravans to refund $83,000 to the owner of an overweight caravan that experienced sway at speeds under 90km/h.

With plenty of online discussion about ‘lemon’ caravans and consumer law, RV-related litigation looks set to continue. The Caravan Council of Australia’s Colin Young, who advises many disgruntled caravan buyers, says RV suppliers need to be particularly wary of ‘false advertising’, particularly around build plate weight figures.

Young says he’s seeing more legal cases of claim compensation for “loss of pleasure and time” along with "suffering" (disappointment and frustration, etc.) from unfair actions by a supplier, often after vans are forced off the road due to compliance or warranty issues.

“This is primarily for malicious and unjustified delays in having defects acknowledged and rectified, along with obtaining vindictive time extensions in legal actions, intended to further stress and humiliate the consumer,” he explains.

There are also potential claims for compensation “if a delivery time is excessively put off, after the previously-advised contract date”.

He says some disgruntled buyers are bypassing Administrative tribunals and going straight to County Courts “in order to have all (actual) costs reimbursed… along with interest”.

Also in the legal spotlight are “questionable” statements made by sales personnel and in brochures to influence potential buyers; not to mention opinions in so-called ‘objective’ reviews in caravan publications.

Young believes every new caravan sold should have an up-to-date weighbridge certificate supplied on the day of delivery, as well as a signed checklist assuring buyers that all aspects of the van are both compliant and safe to use.

He also believes every salesperson has a duty to ensure the buyer's tow vehicle is sufficiently heavy and stable to tow the caravan being purchased -- at least the same weight, if not more than the caravan, which is potentially good news for sellers of big American tow vehicles.

With customer service becoming even more important during the COVID-19 slowdown, smart retailers are really focusing on customer satisfaction both during and after the sale – with the added bonus of repeat business and word-of-mouth referrals.

"Hopefully the current crisis will result in a substantial improvement in the industry, as no doubt the many small or grossly-under-resourced manufacturers and importers will drop out of the market; taking with them, the vast majority of problems and subsequent complaints," he says.

Also read:

Credibility of caravan reviews questioned

Tribunal orders refund for overweight caravan

Spotlight on overweight caravans in Victoria