May apply when
- The car has a fault the consumer guarantees may cover
- The dealer told you something about the car that wasn’t true
- A short state cooling-off period applies and you’re still inside it
- The same fault keeps coming back after repeated repairs
Usually doesn’t help
- You’ve changed your mind after delivery
- You’ve found the same car cheaper somewhere else
- A small fault the dealership can fix within a reasonable time
- You bought the car privately rather than from a dealership
Three reasons people want to return a car
Almost everyone asking this question is in one of three situations. They’ve changed their mind. The car has gone wrong. Or they’ve found out the dealer wasn’t straight with them about it. The law treats those three very differently, so the first thing to work out is which one you’re in. The rest of this page takes them in turn.
The answers below are general information about how the consumer guarantees in Australian Consumer Law tend to work for cars bought from a dealership. They aren’t advice about your car, and we’re not a law firm. If your matter looks like it needs legal advice, we’ll tell you so.
If you’ve changed your mind
This is the hardest of the three. A dealership usually doesn’t have to take a car back because you regret buying it, found a better deal, or decided you wanted a different colour. The consumer guarantees are about the car meeting a standard, not about the buyer being happy with the decision.
Cooling-off periods are the exception, and for cars they’re narrow. They’re set by state law rather than national law, so they differ from one state to the next, and in most states they don’t cover a car bought new from a dealership at all. Where one does apply to you it’s short, typically a business day or so, and using it often costs a fee that comes off your deposit. If you’re inside a window that applies, the deadline is the only thing that matters, so move quickly and put the cancellation in writing. Whether there’s a 14 or 30 day window, and what a dealership’s own policy may add, is covered in is there a return policy on cars in Australia.
Outside a cooling-off period, some dealerships will negotiate an exchange or a return as goodwill. It’s worth asking in writing. Just know that it’s a favour, not a right, and the dealer may offer a trade-in figure rather than what you paid.
If the car is faulty
A car bought from a dealership in Australia has to meet the consumer guarantees. The one that matters most is acceptable quality. The car has to be safe, durable, free from defects and able to do what cars of its kind are commonly used for, judged against its price, age and condition at the time of sale. That applies from the day you drive it out, and it continues past the written warranty.
Whether a fault may let you return the car comes down to how serious it is, because that decides who gets to choose what happens next.
A serious fault is broadly one that would have stopped a reasonable person buying the car had they known about it, that makes the car unsafe, that means it can’t do what it was sold for, or that can’t be fixed within a reasonable time. Where a fault reaches that bar, the choice of what happens next may be yours. That could mean rejecting the car for a refund, or asking for a replacement. The same fault returning after repeated repairs can get a car there too, even if each individual visit looked small.
For a smaller fault, the dealership may be entitled to choose, and it will usually choose to repair. The repair has to be done within a reasonable time and at no cost to you. If it drags on, or the problem keeps coming back, the picture can change.
What a fault actually is, and which ones tend to count, is a page of its own. See what counts as a defective vehicle. If the car is brand new, the expectations are higher and we’ve covered that separately in returning a brand new car. And if the fault showed up after the warranty ended, that doesn’t close the door, as out of warranty, still have rights? explains.
If the dealer lied or left something out
The third situation is different again. A dealer isn’t allowed to mislead you about a car, and that covers what they said, what they wrote in the ad, and in some situations what they left out. Common examples include
- a car described as having one owner, full service history or no accidents when it didn’t
- a car that had been written off or repaired after a crash without that being disclosed
- an odometer that had been wound back
- features, specs or inclusions promised in the ad or the showroom that the car doesn’t have
If you relied on something that turned out to be untrue when you decided to buy, the law may give you options that go beyond the consumer guarantees, including unwinding the sale. What you can show tends to matter, so hold on to the ad, the contract and any messages with the dealer.
If you want to sell the car back to the dealer
People often search for this when what they really mean is one of the situations above. It’s worth separating. Selling a car back to a dealer is a commercial deal. The dealer buys it at today’s trade price, which will be lower than what you paid, sometimes by a lot, and nothing obliges them to make an offer at all.
If you’re asking because the car has a fault, a buy-back may not be the best place to start, because the consumer guarantees may give you more than a trade figure would. If you’ve simply changed your mind, a buy-back or a trade-in on something else may be the only route.
Not sure where you stand? Send us the paperwork and we’ll take a look.
How a return actually happens
Returning a car for a fault isn’t a matter of dropping the keys at the service desk. A return is agreed first, or ordered if it comes to that, and then the car and the money change hands. If the car is on finance, the lender is paid out first. How to return a car to the dealership explains what that looks like, and can I get a refund on a car covers whether a refund may be on the table at all.
How a return gets to the point of being agreed is the part that tends to decide the outcome, and it’s the part we handle.
Before you do anything
If the fault affects safety, stop driving the car. Keep every invoice, job card and message, and don’t sign anything or accept an offer until you know where you stand. Been sold a faulty car? covers the first few days in a little more detail.
Where brokencar fits
We read your paperwork and tell you honestly whether there may be a claim worth making, then put it in writing to the dealership and the manufacturer on your behalf. It costs nothing to find out where you stand, and nothing is attached to it. We only take on cars bought from a brand’s own dealership in Australia, which is explained in what we do. See what you may be owed and how the free review works.
Further reading. the ACCC on consumer guarantees, the plain-English summary of the rights most of this page rests on.