Can I claim a refund for a faulty appliance if the person who originally bought it has passed away?

The situation

I am currently living in Victoria and I am trying to sort out some affairs for my late uncle, who passed away about three weeks ago in early October. Back in August, he spent $1,200 at a local electronics retailer here in Melbourne to purchase a high-end espresso machine. He used it a handful of times, but last week it completely stopped working during the morning routine. I have since had the machine looked at by a local repair shop, and they confirmed it has a major internal fault that isn't covered by user error. I went back to the shop yesterday to ask for a replacement or a full refund, but the manager refused to help me. He claimed that because my uncle was the one who signed the original receipt and entered into the purchase agreement, I have no legal standing to make a claim or demand any consumer protections. I have the original receipt and the death certificate to prove I am the executor of his estate, but the shop is being very difficult. I am unsure if the rights to a repair or refund transfer to me as his legal representative, or if I am stuck with a broken machine because I wasn't the original buyer.

Detailed Analysis

The manager at the electronics retailer is incorrect. Under Australian consumer law, the rights associated with a purchase do not simply vanish when a person passes away.

Because you are the executor of your uncle's estate, the rights he had as the original consumer transfer to you. The law states that this division applies to a person to whom the rights of a consumer "pass by operation of law"^[1]. This means that because the rights moved to you automatically through the legal process of handling your uncle's estate, you are treated "as if the person were the original consumer"^[1].

In plain language, 'operation of law' refers to legal changes that happen automatically without the parties needing to sign a new contract. Since you have the death certificate and proof that you are the executor, you have the legal standing to step into your uncle's shoes regarding this $1,200 espresso machine.

Because the machine has a major internal fault that is not caused by user error, the consumer guarantees apply. You are entitled to seek a remedy (like a refund or replacement) because the rights to those protections have been transferred to you as his legal representative.

Note that state, provincial, or local laws in Victoria may add further rules regarding estate administration and consumer rights.

Statutory Citations

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