New caravan lemon laws for Queensland

Lemon caravan campaigner Tracy Leigh is claiming a major victory after the Queensland Government announced stronger laws protecting buyers of big-ticket caravans and cars will finally come into effect in that state from September 1.

The so-called ‘lemon laws’, passed by Queensland Parliament in April this year, lift the level for claims able to be handled by the Queensland Civil and Administrative Tribunal (QCAT) from $25,000 to $100,000.

“Nearly five years in the making, with significant input by myself (for RVs)… Queenslanders will finally have better access to justice,” Leigh wrote on her popular Lemon Caravans & RVs in Aus Facebook site.

Queensland Attorney-General Yvette D’Ath said the new laws meant greater protection for people who purchased a defective car, motorbike, caravan or motorhome.

“These measures will build levels of trust in the industry and benefit the majority of motor dealers who are doing the right thing by offering best practice in terms of refunds, replacements and repairs at no cost, when a vehicle is faulty," the Attorney-General said.

“When you invest in a car or a caravan, you don’t expect it to be off the road for a lengthy period with all the stress and inconvenience that can cause," she said.

“Consumers are entitled to a refund if a product has a major failure of the consumer guarantees. It is important that consumers are able to have their matter heard through a court or tribunal."

However Leigh, who fought a long legal battle with Lotus caravans and is currently being sued for alleged defamation by Queensland off-road camper manufacturer Bruder Expedition, hit back at some of the claims the Attorney-General made in her media statement.

“Not sure what planet the AG is on when she claims the majority of dealers are doing the right thing. Very rare they will hand out a refund or replacement without a long fought battle, even with substantial expert evidence," Leigh claimed.

“They seem to think that it has to go to court or a tribunal to decide. It doesn’t. Imagine having to take court action about getting a refund for your faulty toaster or TV! That was never the intention of Australian Consumer Law at all.

“If a ‘reasonable consumer’ would not have purchased the product with advance knowledge of the nature and extent of the defects, it is a major failure and entitles the consumer to their choice of a refund or replacement (ACL ss 259, 260 and 263).

“Show me any consumer who would pay tens of thousands of dollars for a new RV knowing in advance that it would have over 10 defects and needed repeated repairs, costing them financial losses and inconvenience.”

Further reading:

Stronger caravan laws for Queensland
Lemon buyers left in the lurch
How to avoid a lemon