You have the right to get what you paid for but you should act quickly. There are time limits for legal action.
Bought from a dealer
We can give you guidance on whether you are entitled to have repairs completed or receive a replacement car or refund under consumer guarantees in the Australian Consumer Law.
Consumer guarantees and warranties under the Australian Consumer Law do not apply.
First try to sort out the issue with the person that you bought the car from, then seek legal advice from a community legal centre or a private solicitor.
Bought at an auction
Consumer guarantees and warranties do not apply.
First try to sort out the issue with the Auction house in writing, then seek legal advice from a community legal centre or a private solicitor.
What are my rights?
You have legal rights even when you don’t have a warranty from the company or it doesn’t cover the problems with your car.
You have a legal right that a car you bought from a car yard will:
- be safe, free from faults and durable. This is called “acceptable quality”.
- match the car yard’s description of the car. For example, if the car you saw in the car yard was a certain colour and the car you are provided is a different colour, your car does not match the description.
- The car is “fit for purpose”. For example, if you told the car yard you need a four wheel drive because you drive on rough dirt roads but the car you got was not, the car is not fit for your purpose.
Consumer Action’s Fix My Car! campaign
Trying to get a car dealer to fix a dodgy car they should never have sold affects family life, work and Victoria’s economy. The current system for resolving problems between car owners and car yards or mechanics when something goes wrong is broken.
When you buy a car, you deserve to get what you paid for, not long disputes and big bills.
Take a look at our Fix My Car! page for information about our campaign to establish a Dispute Resolution Service for Cars.