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In Port of Spain, Trinidad and Tobago, the law governing motor vehicle defects is a blend of local legislation and procedural rules. The Sale of Goods Act governs cases involving defective vehicles whereas Consumer Protection and Safety Act provides for the protection of consumers. The Motor Vehicles and Road Traffic Act also have provisions relevant to motor vehicle defects. These laws ensure that buyers are not sold vehicles that have manufacturing or design defects or have been poorly maintained.
1. If you have purchased a vehicle that unexpectedly has a severe defect or recurring issues.
2. If the seller, manufacturer, or provider of service failed to disclose known defects before the sale.
3. If you are unsatisfied with the remedy provided by the dealer or manufacturer, and the issue remains unresolved.
4. If your attempts to negotiate with the other party have failed.
5. If you have been injured as a result of a defective vehicle.
The Sale of Goods Act implies certain conditions, forming a part of the contract of sale, one of which is that goods should be of "merchantable quality". In the context of vehicles, it should be in a condition fit to be sold and to serve the ordinary purposes for which vehicles are used. The Motor Vehicles Insurance (Third-Party Risks) Act requires that an insurance policy cover any liability arising out of accidents due to vehicle defects. The Motor Vehicles and Road Traffic Act directs that vehicles should be in a roadworthy condition.
First, contact the dealer or person who sold you the vehicle and explain the defect. If the seller is unresponsive or refuses to rectify the issue, you can lodge a complaint with the Consumer Affairs Division or seek legal help.
It depends on the severity of the defect and whether or not it can be remedied. Certain defects entitle the buyer to undo the contract and seek a refund.
A defect could be a design or manufacturing fault that affects the safety or value of the vehicle. It could also be a failure to disclose pertinent information about the vehicle's condition.
Generally, you have four years from the date of the fault becoming apparent to file a claim.
Yes, if the vehicle has a manufacturing defect, you can sue the manufacturer.
The Consumer Affairs Division - for resolving consumer disputes.
The Trinidad and Tobago Bureau of Standards - for motor vehicle inspection and standards.
The Motor Vehicle Authority - for vehicle registration and dealing with traffic offenses.
Legal Aid and Advisory Authority - for free legal advice and assistance.
If you are dealing with a motor vehicle defect in Port of Spain, Trinidad and Tobago, you should take the following steps:
1. Document everything: Record all defects, ensuing problems, any communication with the seller or manufacturer.
2. Contact the seller or manufacturer: Discuss the problem in detail and ask for a remedy.
3. Consult a lawyer: If the issue persists even after negotiating directly with the other party, or you have been injured, consider consulting a lawyer specializing in motor vehicle defects.
4. File a claim: If legal action is necessary, your lawyer can guide you in filing a claim.
