Do
- Stop driving it if the fault is a safety one
- Keep every invoice, job card, email and text
- Tell the dealership there’s a problem, in writing
- Note dates, symptoms and days off the road
Don’t
- Let another workshop repair the fault
- Sell it, trade it in or modify it
- Sign anything or accept an offer on the spot
- Assume the warranty running out is the end of it
Start with what you’ve got
If you bought the car from a brand’s own dealership in Australia, it came with the consumer guarantees. They apply automatically, they sit alongside the written warranty rather than depending on it, and they can carry on after it ends. In plain terms the car has to be safe, durable, free from faults and able to do what cars of its kind are used for, judged against its price and age.
So the question isn’t whether you have any rights. It’s whether the fault is one the guarantees cover, and how serious it is. That’s what what counts as a defective vehicle is about, and it’s the question we look at in a review.
The first few days
What you do early can matter more than people expect.
If the fault affects safety, such as brakes, steering or warning lights that won’t clear, stop driving the car. Get it to the dealership on a tow if you need to, and keep the receipt.
Tell the dealership there’s a problem, and do it in writing, even if you’ve already called. A short email with the date, what’s happening and when it started is enough for now. It puts the fault on the record from the day you raised it.
Then start keeping things. The contract and invoice, the ad if you can still find it, every job card from every visit, and any message with the dealership. Add a simple log of dates, what happened and how long the car was off the road. If the fault comes and goes, video it when it happens.
What not to do
A few things tend to make a claim harder.
Don’t let another workshop repair the fault while it’s open. It can blur who caused what and give the dealership a reason to step back. Getting an independent opinion is different, and often useful.
Don’t sell the car, trade it in or modify it until the problem is settled. Once the car is gone, so are most of your options.
Don’t sign anything, or accept an offer, on the spot. A goodwill repair, a discount on servicing or a trade-in figure can be fine, but they can also close off something better. It’s worth knowing where you stand first.
Where it could lead
Depending on the fault, a car sold with a problem the consumer guarantees cover may be put right with a repair, a replacement or a refund, sometimes with compensation for costs the fault caused. Which of those is on the table depends on how serious the fault is and how it has been handled so far. A smaller fault the dealership fixes properly may be the end of it. A serious one, or one that keeps coming back, may open up more.
If the fault has appeared after the warranty ran out, that doesn’t close the door, as out of warranty, still have rights? explains. If what you want is your money back, see can I get a refund on a car. And if the dealer told you something about the car that turned out to be untrue, that’s covered in returning a car to a dealer after purchase.
Where brokencar fits
We read your paperwork and tell you honestly whether there may be a claim worth making. If there is, we take it up with the dealership and the manufacturer on your behalf. It costs nothing to find out where you stand, and nothing is attached to it. See what you may be owed and how the free review works.
Not sure where you stand? Send us the paperwork and we’ll take a look.
Further reading. the ACCC on consumer guarantees, the rights that come with a car sold by a dealership.