Problems with Motor Vehicles

This Topic Includes:
Keeping a record of the problem
Terms and definitions
'Back on the Right Road' publication in PDF format

The Problems with Motor Vehicles section is divided into information relating to vehicles purchased before 15 December 2003 and vehicles purchased on or after this date. 

This division is necessary because the laws relating to motor vehicle sales changed from 15 December 2003 when the Motor Vehicle Sales Act took effect.

If you bought your vehicle before 15 December 2003

Visit the faulty vehicles page for information on the Consumer Guarantees Act and the Motor Vehicle Dealers Act. This page also contains links to other pages of interest including the Fair Trading Act and Consumer Guarantees Act - Faulty Goods.

If you bought your vehicle after 15 December 2003...

This section is a guide to your rights if:

• you were misled about the vehicle. See Misleading or false information.
• the vehicle is faulty. See Faulty or defective vehicles.
• a previous owner still owes money on the vehicle. See Money owing on the vehicle by a previous owner.
• you have concerns about the odometer reading. See Odometer problems, or
• you have attempted to resolve the problem with the trader but now need to take the matter further. See Resolving your dispute.

Keeping a record of the problem

You should keep an accurate record of the problem and your attempts to resolve it - no matter who you bought your car from. Here are some things you should do:

• Keep all the paperwork relating to purchase including any advertisements for your vehicle and your signed copy of the Consumer Information Notice. A copy of the Consumer Information Notice should have been given to you by the trader when you purchased the vehicle.
• Note the details of the problems and the dates and times they happened.
• Keep a record of the names of any witnesses.
• Keep a note of any discussions you have had with the seller about the problems.
• Keep any records of vehicle inspections (eg, mechanical report), quotes for repair, or receipts for repairs.

Terms and definitions in this section

This section uses terms and definitions that either have a legal meaning or may not be familiar to you.

Breach - when a rule under a law has been broken - eg, it is a breach of the Fair Trading Act for a trader to mislead you about the car’s age.

Compensation - money to put right a problem - eg, "I am asking for $1,200 compensation from the seller for being misled about the condition of the car’s engine."

Private seller - a consumer selling their own vehicle to another consumer.

Registered motor vehicle trader - includes car-yard traders, wholesalers, importers, auctioneers, and car market operators. The Motor Vehicle Sales Act requires all people who are in the business of selling motor vehicles to be registered.

Security interest- when a car is purchased on credit (using a loan or hire purchase to pay for it), the finance company may register a security interest to show that they have a right to the car if money owed is not re-paid. Security interests are registered on the Personal Property Securities Register.

Back on the right road publication 

Back on the Right Road - Your consumers' rights after buying a motor vehicle publication is available in Adobe Acrobat format (1156 KB) (instructions for obtaining the viewer). 

If you require a printed copy of the publication, single copies can be ordered from our Publications section or picked up from your nearest Citizens Advice Bureau.