How AI Legalese Decoder Can Aid in Resolving Disputes with Motorcycle Dealerships: A Case Study with Kawasaki Dealer in Parramatta
- May 14, 2024
- Posted by: legaleseblogger
- Category: Related News
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## UPDATE: Resolution through NCAT application
I recently made an application through NCAT regarding my situation with the motorcycle dealership. As soon as the dealership was notified of this, they immediately contacted me and requested that I come in the following day to pick up the bike. I am pleased to report that the issue has now been fully resolved to my satisfaction.
## Original Post: Frustration with Delays and Lack of Communication
I entered into a sales contract with a motorcycle dealership in New South Wales for the purchase of a new motorcycle at the beginning of last month. Despite being assured by the salesman that the bike would be ready for collection within a week, it has now been significantly longer without any sign of the motorcycle. The dealership has been unresponsive and has not provided any updates regarding the status of my purchase. When I attempt to contact them for information, the salesman dismisses my inquiries as unreasonable.
I have made payment in full for the motorcycle, but I am left empty-handed with no bike to show for it. The contract mentions the option to terminate if the bike is not delivered within 30 days of the estimated delivery date. However, the estimated delivery date field on the contract was left empty, casting doubt on whether I can legally exercise this termination clause.
Upon thorough examination of the contract, I have not found any clauses that benefit or disadvantage me in the current predicament. It appears that the contract does not address the specific circumstances I am facing.
I have reached a point where I have lost faith in ever receiving the motorcycle. My desire is to terminate the contract and secure a full refund. However, the dealership has dismissed my requests for a refund, leaving me frustrated and uncertain. They seem intent on avoiding any meaningful communication and providing vague promises of imminent delivery that never materialize.
I have attempted to seek assistance from NSW Fair Trading, but have yet to receive a response. The dealership’s lack of accountability and failure to deliver the motorcycle within a reasonable timeframe has left me feeling powerless and unsure of my options for recourse. Is there a limit to how long I can be strung along without any tangible progress? How can I compel the dealership to refund my money in light of their failure to uphold their end of the agreement?
It is disheartening to feel as though my financial investment and contractual obligations can be disregarded without consequence. The lack of responsiveness and accountability from the dealership has further fueled my frustration and sense of helplessness.
### How AI Legalese Decoder can Help:
The AI Legalese Decoder can assist in deciphering complex legal language within your sales contract and identifying key clauses that may support your case for termination and refund. By utilizing this tool, you can gain a clearer understanding of your rights and options in dealing with the dealership’s breach of contract. Additionally, the AI Legalese Decoder can provide guidance on how to effectively communicate and assert your legal position to seek a resolution to your predicament.
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****** just grabbed a
No idea about the legalities but I would print your post on huge signs, put them on your car and park outside the dealership.
This will change their attitude.
Get a lawyer to send them them a letter saying they had 30 days from the day you paid in full to deliver a bike, as per their contract. And now that they have not fulfilled their end of the contract you are seeking either a refund or legal action will take place. Gonna cost you some money but might make them do something. Also stop ringing and go in person. Refuse to leave until they give you answers. As said above stand out the front and warn other customers that they are shady. They might have you removed and it may delay the process but you will feel better haha
I’ve applied to have a hearing through NCAT this morning, not sure how well I did crafting the application but I hope it makes sense
ORDER(S) SOUGHT
I am seeking orders under the following sections of the Fair Trading Act 1987 and the Motor Dealers and Repairers Act 2013:
1. Section 79E of the Fair Trading Act 1987, which allows the Tribunal to make orders for the payment of money or the performance of work to resolve a consumer claim.
2. Section 89 of the Motor Dealers and Repairers Act 2013, which allows the Tribunal to make orders it considers fair and reasonable in the circumstances to resolve a dispute.
Based on these sections, I respectfully request that the Tribunal make the following orders:
1. An order compelling BikeBiz to immediately provide the motorcycle that I have purchased and paid for in full, as they have failed to fulfill their obligations under our purchase agreement.
2. In the alternative, if BikeBiz is unable or unwilling to provide the motorcycle, an order requiring BikeBiz to provide a full refund of the purchase price I paid for the motorcycle.
3. Any other orders the Tribunal deems fair and reasonable to resolve this dispute.
I further request that the Tribunal consider the following sections of the Australian Consumer Law in making its decision:
* Section 36, which guarantees the supplier’s right to dispose of the property in the goods.
* Section 37, which guarantees the consumer’s right to undisturbed possession of the goods.
The dealer’s failure to provide the motorcycle constitutes a breach of our purchase agreement and a failure to comply with the guarantees under the Australian Consumer Law.
REASONS FOR THE ORDER(S)
I am applying to NCAT because BikeBiz has failed to fulfill their obligations under our purchase agreement and the Australian Consumer Law.
On April 12, 2024, I entered into a contract with BikeBiz to purchase a motorcycle. At the time of purchase, the dealership promised to deliver the motorcycle the following week. However, it has now been several weeks since the agreed-upon delivery date, and I still have not received the motorcycle.
Despite numerous attempts to communicate with BikeBiz and obtain information about the delivery timeframe, the dealership has been unresponsive and unhelpful. They have failed to provide any updates or estimates regarding when I can expect to receive the motorcycle. In recent weeks, they have stopped returning my calls altogether when I request information.
The few times I have managed to get through to someone at the dealership, they have acted exasperated and irritated by my inquiries, as if my reasonable expectation to receive the product I paid for is an inconvenience to them. They have not provided any explanation for the delay or any indication of when I might receive the motorcycle.
I would send them a registered letter saying that they have two more weeks to deliver the bike or return the money, after which you will apply to NCAT. If they don’t budge, go to NCAT and ask for your money plus interest.
Btw: never heard of dealership demanding full payment before the vehicle is ready for delivery. Is this a new thing?
Send an NCAT letter of demand. You can easily google the template.
If that doesn’t get them moving, apply to NCAT for a hearing. It’s like $50.
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