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What can I do if my car is a lemon?

Asked by Ryan McMahon

I bought a 2007 Kia Carnival that I think is a lemon. I was driving it from Melbourne to Mildura on the day I got it and it broke down on the way. The car is under 10 years, but over 160,000 km, so it isn't required to have a statutory warranty. I'm not sure what my rights are under the ACL lemon laws. Could you help me with what I can or should do as I only had it for less than a day before it broke down? Seems unfair that I bought it and it stops working after less than a day and I can't return it or have the dealer fix it because he's not legally required to give a warranty. Please help.

Answered by CarsGuide

14 Oct 2016 Graham Smith

For starters there is no such thing as a 'lemon law' in Australia; our legislators have chosen to leave us without protection when it comes to cars. You really have no comeback on the dealer, except to appeal to their common decency and help you out. You don't say what went wrong with the car, but the Carnival was prone to head gasket problems in the early days, so I'm guessing that could be the problem.

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