When the wheels stop turning: motor vehicle failures and your consumer rights

We have all heard the horror stories: someone buys a shiny new car, only for it to be towed away weeks or months later, leaving the owner feeling betrayed and bewildered. What steps can you take if your dream car turns out to be a lemon? In this article, we provide a high-level overview of consumer rights under the Australian Consumer Law (ACL) when dealing with motor vehicle failures.

Are you protected under the Australian Consumer Law?

A person acquires a motor vehicle as a 'consumer' and receives the protections under the ACL if the vehicle is "acquired for use principally in the transport of goods on public roads".

What is a consumer guarantee?

Under the ACL, when a consumer purchases a motor vehicle it comes with automatic consumer guarantees. Suppliers (i.e. dealers) and manufacturers of motor vehicles are bound by these consumer guarantees. Although some exemptions exist under the ACL, suppliers and manufacturers cannot rely upon contract terms or