Consumer rights when buying a caravan

A caravan can be a significant emotional and financial investment. When things go wrong, the financial impact can be high. So, what can you do if you find yourself in a dispute with the supplier and/or manufacturer of a caravan?

The Australian Consumer Law places obligations on suppliers and manufacturers of goods and services requiring them to comply with consumer guarantees, prohibits misleading and unconscionable conduct and unfair contract terms.

Consumer guarantees require that goods are of acceptable quality.

What is acceptable quality?

Acceptable quality is defined as being:

• fit for all the purposes for which goods of that kind are commonly supplied;
• acceptable in appearance and finish;
• free from defects;
• safe; and
• durable.

If your caravan fails to meet one or more consumer guarantees, then you may be entitled to repairs, a replacement or a refund from the supplier. Which of those options are available to you, depends on whether the failure is classified as being a minor or major failure.

A minor failure:

• can be easily fixed; and
• does not prevent use of the caravan.
  

If it is a minor failure, you are entitled to request that the supplier undertake repairs to the caravan. If the supplier refuses to offer you a repair, you are then entitled to a refund or replacement for the caravan.

A major failure:

• the caravan significantly differs from the description originally supplied;
• is substantially unfit for its purpose and cannot easily, within a reasonable time be remedied to make it fit for purpose;
• is not of acceptable quality because it is unsafe (i.e water leaks which are likely to over time impact the structural integrity of the caravan and make it unsafe);
• multiple failed attempts over time to repair the caravan; or
• numerous minor failures which demonstrate poor quality.
  

If it is a major failure, you may request a replacement or refund.

Are there other remedies?

Yes, you may be entitled to recover compensation from the supplier for any loss or damage suffered by you due to their failure to comply with consumer guarantees.

Who is responsible for the repairs?

The supplier is responsible for coordinating the repairs regardless of what component of the caravan requires repair. If the supplier attempts to assert that you are required to organise the repair,
replacement or refund of a specific component (i.e. engaging a fridge manufacturer) within the caravan, it could be considered to be misleading or deceptive conduct.

The repairs must be conducted within a reasonable timeframe. What is “reasonable” will entirely depend on the circumstances including the extent of the repairs required to be undertaken. If this is not achievable, you are entitled to:

• organise to have the repairs conducted by another party and recover the costs incurred by you in doing so from the supplier; or
• refuse the goods and ask for a refund or replacement instead.
  

Dispute resolution:

In the first instance, it is always wise to attempt to resolve the dispute directly with the supplier.

However, if the supplier of the caravan fails to undertake repairs, provide a replacement and/or refund, you have further options available to you, including:

• write a letter of demand for repair, replacement or refund within a specific timeframe, and notifying them that a failure to comply, will result in you taking further action;
• make an application to the Queensland Civil and Administrative Tribunal (QCAT), provided the value of your claim is less than $25,000.00;
• take them to Court; or
• lodge a complaint with the Australian Competition & Consumer Commission or the Office of Fair Trading.
  

If you need help with your consumer dispute, we can help! Contact one of our local experts on (07) 4963 2000 or through our online contact form below.