A Queensland rider paid more than $36,000 for a brand-new motorbike.
Within a few thousand kilometres, it had left him stranded 240 km from home and kept telling him he was out of fuel with a full tank.
He rejected the bike and asked for his money back. The dealer said no. ezylegal took the dealer to court, and he got a full refund.
At a glance
- Problem: A new motorbike developed repeated faults, including a key fob failure that stranded the rider and false “Out of Fuel” warnings on a full tank.
- Claim against: The dealership that sold the bike.
- Legal basis: The Australian Consumer Law guarantees of acceptable quality and fitness for purpose, claiming a major failure and a full refund, in the Magistrates Court.
- Result: The dealer settled before trial and refunded the full purchase price in exchange for the bike.
A new bike with one fault after another
The problems started on day one. The bike’s fairings didn’t line up, which the dealer acknowledged.
Then came a faulty rear indicator at around 900 km. At around 2,000 km, a key fob fault left the rider stuck 240 km from home. From about 2,500 km, the fuel system started playing up, with the dash repeatedly showing “Out of Fuel” when the tank was full.
The dealer said no
The rider wrote to the dealer, rejected the bike and asked for a full refund. The dealer didn’t take the bike back or offer a proper fix.
When ezylegal filed the claim, the dealer defended it. It argued the faults were minor, had already been fixed, or were caused by aftermarket parts the rider had fitted.
Can you get a refund on a new motorbike with repeated faults?
Yes, if the faults add up to a major failure. Under the Australian Consumer Law, a new vehicle must be of acceptable quality and fit for purpose. If it isn’t, and the problem is a major failure, you can reject it and choose a refund instead of another repair.
A string of faults that leaves a rider stranded and stops them trusting the bike can amount to a major failure, even if each fault on its own might be a minor failure.
ezylegal filed a claim in the Magistrates Court seeking the full purchase price.
The outcome
Before the matter reached trial, the dealer agreed to settle. The rider handed the bike back, and the full purchase price was refunded.
If you’re facing something similar
If your new car, motorbike or other vehicle keeps failing:
- log every fault with the date, the kilometres and what happened
- report each fault to the dealer in writing, and keep their responses
- keep every repair and service record
- if you want a refund, reject the vehicle in writing and say why
A manufacturer’s warranty doesn’t replace your consumer rights. Get advice early, because time limits apply.