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Australian Consumer Law: Defective Vehicle Disputes

Posted on 26 March 2026

The Issue

Have you bought a new car only to be plagued with issues after bringing it home?
Is your car being repaired more than it is enjoyed?
Perhaps warranty work has already been completed and yet the dealer or
manufacturer cannot seem to fix the issue. Or perhaps the dealer is refusing to fix
your defective vehicle.
You have rights and we can help.

Australian Consumer Law

Under Australian Consumer Law, consumers (or customers) have rights and protections when buying goods or services, including the purchase of motor vehicles.
At Daniels Legal, we are litigation lawyers who understand that a defective vehicle can be more than an inconvenience; it can be a financial burden, disrupt family life, your work and your peace of mind.
We assist clients on the Gold Coast and across Queensland to enforce their consumer rights and hold scar dealers and manufacturers accountable.
There are several consumer guarantees that apply when purchasing a vehicle from a dealer. These include that the vehicle must be of acceptable quality, fit for purpose, correspond with the description/demonstration model, and be safe. Manufacturers also have an obligation to honour any express or statutory warranties and make available repair facilities and spare parts for a reasonable time.

Major defects

When a vehicle fails to meet consumer guarantees, your rights will depend on if the defect is considered to be a major failure or minor failure. A major failure includes if the vehicle is unsafe or if the vehicle has a significant defect that cannot be easily
repaired. Repeated failed smaller repairs may also amount to a major failure.
If your vehicle has a major failure, you have the right to reject the vehicle and demand a replacement or refund. If you have suffered consequential loss because of the failure, you are also entitled to seek compensation for that loss (this may include legal fees relating to enforcing your rights under the Australian Consumer Law).

Get in touch

If you have purchased a car that keeps breaking down, has serious mechanical issues or some defect, or you feel the dealer is not taking your concerns seriously don’t wait to seek advice.

Our team offers a free initial consultation to discuss your circumstances and outline your legal options and best steps to take. Taking action early can make all the difference in securing a fair resolution.

Liability limited by a scheme approved under Professional Standards Legislation.   |   Daniels Legal ABN: 73 676 880 309