You have a right to complain about being sold a lemon car from a dealer.
Buying a car with a loan can help get a car faster but it can have greater costs if it can’t be paid for.
If you get into an accident, you should: take photographs of the accident, draw a diagram of how the accident happened, take witness details.
Wayne is an Elder who went to his local car yard to buy a car to get around in. He picked a car and asked if there was anything wrong with it. The dealer said no, so Wayne bought it with his savings. Wayne picked the car up and after driving it for a few days, felt the engine was rattling and sometimes the car would not start. Wayne took the car to the dealer who said they would fix the problem. After leaving the car there for a few days, Wayne picked the car back up. However, after driving it for a few days, the engine blew up. He was furious and called the dealer. The dealer said it was Wayne’s fault and stopped answering his phone calls.
A lemon car is a car you buy from a car dealer that doesn’t work. It could be unsafe to drive and not what you paid for.
Under Australian law, you have rights called ‘consumer guarantees’ when you buy from a car dealer. This is a promise from the car dealer that includes:
The car is a lemon if it does not meet those promises
Take it back to the dealer. The dealer has to fix the fault and refund you if they cannot. If the dealer refuses to fix the car or refund you then call us for advice.
Sometimes we go through hard times and we cannot keep up with the loan payments. You have a right to ask the lender for financial hardship to try and get back on track.
Check our fact sheet to learn more about Financial Hardship but call Mob Strong Debt Help if you are having money troubles.
Most lenders usually need to give you a 30 day ‘Default Notice’ in writing before they can try to take your car.
Check our fact sheet to learn more about Repossession. Call Mob Strong if you get a Default Notice or the lender is trying to take your car.
A car that is ‘Rent-to-Buy’ may not be what it seems. A Rent-to-Buy agreement means you have a right to purchase the car from the lender but this might not be what the contract says. You could pay much more than what the car is worth and you might also not have some credit protections.
Check our Consumer Lease fact sheet to learn more about rent-to-buy. Call Mob Strong if you have a rent-to-buy car and you are worried about it.
If you’re not sure if you are at fault then seek legal advice from a community legal service immediately. If you had a car accident then there are different ways to deal with it. You can click on the link to our Financial Rights Motor Vehicle Problem Solver.
There is a legal duty of utmost good faith between you and the insurer. You would need to cooperate with the insurer but the insurer needs to be reasonable and fair in how they deal with you.
Dealing with a car insurer can be a tough sometimes as they should be there when you need them but they let you down. If you have a problem with your car insurer, check out our Financial Rights resources and call Mob Strong Debt Help for advice.