If you have an issue or dispute with a second-hand car you have bought, this interactive advice form can provide the steps to help work it out.
The Consumer and Business Services (CBS) form can provide:
- information about your rights
- steps to help you resolve disputes
- further advice on how to proceed
- information about when and how CBS can help.
Second-hand car disputes advice form
Who should use the form
Consumers who have a problem with a second-hand car they’ve bought and they can’t resolve.
CBS can give advice to help you reach an agreement with the seller.
Note: more rights exist when following up with a second-hand vehicle dealer than private sale or auction.
All second-hand vehicles sold by a dealer must be roadworthy, safe to drive and comply with the Road Traffic Act 1961 at time of sale.
A statutory warranty exists for vehicles that are:
- less than 15 years old
- travelled less than 200,000km
- cost more than $3,000.
The warranty length depends on the price paid.
- For $3,0001 to $6,000, 2 months or 3,000km warranty – whichever comes first.
- For $6,001+, 3 months or 5,000km warranty – whichever comes first.
A statutory warranty doesn't apply to motorcycles, commercial vehicles, those purchased at auction or vehicles that don’t meet the above criteria.
Read more information at buying a used car.
What you'll need
If you’ve already contacted the seller yourself, you’ll need to provide documents such as letters or emails.
Documents should:
- be recent
- outline your issue
- explain how you want the seller to resolve the issue.
If you haven't contacted the seller yet, the form can help you draft your letter or email.
You can also download and edit the sample letter of complaint as a guide to ensure your letter includes all the required information.
What happens next
A CBS officer will review the submission and contact you.
If you've tried to resolve the dispute but have been unsuccessful, CBS will assess the matter and determine whether it would be suitable for conciliation.
Conciliation
CBS offers both voluntary and compulsory conciliation services.
Voluntary conciliations are generally conducted over the telephone and facilitated through a CBS conciliator.
Compulsory conciliation conferences may be held for serious or complex matters and are usually undertaken face-to-face with all parties, including a CBS conciliator.
If a car is under statutory warranty and you apply to the Commissioner for a conference, the Commissioner must convene a conference, unless satisfied that the circumstances are not appropriate.
A second-hand vehicle dealer must attend. If this doesn’t resolve the problem, you may apply to the Magistrate’s Court.
Reporting a business
If you believe a second-hand vehicle dealer is working without a licence, check using the find a licence holder tool.
Use the consumer complaints online form to report on, or make a complaint about, a business or product.
Related information
On this site
Other websites
Legal Services Commission of South Australia
