WA Car Sold was a Lemon - What to Do?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


8 April 2017
We purchased a second hand 2012 Toyota 200 series land cruiser 139k on the clock from a dealer, The dealer is 1500km away from us. We had the car sent on a truck - it arrived today! Before purchasing the vehicle, we had spoken with the salesman and had a mechanical report sent through.

Obvious question asked, is the car in good condition? Has the car been in an accident? Is there noticeable damage to any part of the vehicle? The salesman assured us it was not damaged, had not been in an accident! The mechanical report then sent to us second their statements.

We applied for a car finance. Finance in the house was of course approved, vehicle put on a truck and arrived today! When we go the car of the truck the air does not work, we called the dealer they agreed to repair! We purchase a 5 year extended warranty. Upon getting the car to our house and inspecting it, the whole under body of the vehicle is rusty! This car has been submerged in salt water, an independent machine viewed car and believes the vehicle could possibly need to be written off because of damages caused!

We have sent emails to the dealers and await the reply tomorrow! Just curious I have looked at the consumer affairs and fair trading act - I am hoping it doesn't progress that far but does anyone have any opinions?


Well-Known Member
31 October 2015

Under Australian Consumer Law you have a number of guaranteed such as free from defects and be of an acceptable quality. It sounds like they have breached their guarantees. I would write them a formal letter / email detailing what the independent mechanic has said and the at if you were informed of the condition of the vehicle and significant rust / damage you would not have purchased it.

Give then a date that the vehicle is to be picked up by. I'm not sure how you would attack the finance matter but because it was through the dealer you probably need to rescind the contract. It might be worth speaking with a Lawyer to make sure the finance contract can be rescinded with the vehicle contract. You can also speak with Department of Commerce (Consumer Protection).

This blog will give you some more detail: Lemon Car? What You Can Do Under Australian Consumer Law - Legal Blog - LawAnswers.com.au