YOU used to have Buckley's chance of returning a dreaded lemon to the car dealer for a replacement or a refund. 
 
As for being compensated for the inconvenience, aggravation, lost income  and costs racked up while taking the car from hell to the dealer for a  further non-fix under warranty, well, make that virtually no chance  either. 
 
Many Australian consumers have tried but only a few very determined  people have succeeded, usually after long, expensive battles against  squads of car company lawyers in various courts. 
 
The new Australian Consumer Law, developed by the states and the  Australian Competition and Consumer Commission, came into force on  January 1 this year. It's not as tough as US lemon laws, but it gives  you much more protection than the maze of state and federal consumer  regulations you previously had to navigate to make a case that your car  resembled a particularly bitter variety of citrus fruit. 
 
The Australian Consumer Law applies to most goods and services,  including new and used cars, except those bought at auction or private  sale, where you're still basically on your own. 
 
When you buy a car from a dealer, you now have the protection of legally  enforceable consumer guarantees, including that the car is of  acceptable quality (which includes being safe, free from defects and  durable) and reasonably fit for any purpose you specify when buying it,  such as towing. 
 
If you have what the ACL calls a major failure with your car, you are  entitled to return it to the dealer to claim a refund, or a replacement  -- your choice of an identical new car or one of similar value. 
 
A major failure is when a reasonable consumer would not have bought the  car if they had known about the problem, or when the car is  substantially unfit for its normal purpose. 
 
In other words -- the car is a lemon. 
 
If you have a minor problem with the car, the dealer is still allowed to fix it under warranty. 
 
If you have to get your car fixed at another workshop, you're entitled to claim the cost from the dealer who sold you the car. 
 
However, if the dealer can't fix the problem within a reasonable time, you are also entitled to a refund or a replacement. 
 
So the classic tactic of some dealers and manufacturers stringing you  along by saying, "Just bring it back and we'll try to fix it under  warranty" time and again until the warranty runs out, will no longer  work. 
 
And when the warranty expires you are still protected by the ACL's  consumer guarantees -- but a used car's age and kilometres since you  bought it will be taken into account when determining your entitlements. 
 
The ACL also addresses one of the other great traps of the car business -- the extended warranty. 
 
Many new and used car buyers have paid thousands of dollars for one of  these, on the (mis)understanding that, first, it's the only way to cover  themselves against repair costs when the factory warranty runs out and,  second, that when they make a claim under the warranty, it will be  honoured. 
 
Those same car buyers have often found, to their great cost, that these  extended warranties sometimes are not worth the paper they are written  on. 
 
They are, first and foremost, a way to increase a dealer's profit margin  on the car. Most have very onerous conditions, including mandatory  servicing schedules at the dealer who sold you the car. In the worst  cases, consumers have called the helpline number on the warranty policy  only to find there's nothing other than an answering machine on the  other end of the line. 
 
The ACL states that manufacturers and dealers must not pressure you into  buying an extended warranty, or tell you that you have to buy one. 
 
In fact, you now have rights under the ACL's guarantees that are equal  to or greater than any supposed benefits you're paying for under an  extended warranty policy. 
 
If you think you've bought a lemon, the first step is to tell the dealer. 
 
"You should go to the dealer who sold you the car and point out to them  that they are legally obliged to provide you with a car that does what  it is supposed to do under the ACL consumer guarantees," Katrina Lee  from Choice says. 
 
Dealers can no longer pass the buck by telling you to take your car's  problems up with the manufacturer. The dealer is responsible, under the  ACL, for providing you with a replacement or a refund. The dealer can  then sort out reimbursement from the manufacturer. That's his problem,  not yours. 
 
However, the ACL also imposes similar customer guarantee obligations on manufacturers and importers, including car companies. 
 
A manufacturer must guarantee, to you, the consumer, that the new car  you have bought is of acceptable quality and matches the description on  which you based your decision to buy it. A manufacturer must also  guarantee the availability of repairs and spare parts for a reasonable  time after you have bought the car. 
 
If the manufacturer fails to meet one of these consumer guarantees, you also have rights against them. 
 
You are entitled to ask for an amount covering the drop in value of the  car as a consequence of the manufacturer's failure to meet any consumer  guarantee. 
 
You are also entitled to claim compensation for costs such as lost time,  income or productivity caused by the problems with your car. 
 
"We would hope that dealers understand that if they don't take these  consumer guarantees seriously, then they leave themselves open to action  from the ACCC," Lee says. 
 
If the dealer wants to argue about whether your car is a lemon, tells  you to keep bringing it back for warranty repairs or simply refuses to  acknowledge your rights under the Australian Consumer Law, you should  notify the ACCC, the federal regulator responsible for ensuring that  dealers and manufacturers comply with the law, and contact the consumer  tribunal in your state or territory, which will advise you on how to get  some long overdue lemon-aid.