Vehicle warranty and repair disputes

Resolving disputes

Fair Trading’s dispute resolution aims to resolve issues before they go to court or tribunal. The service is a voluntary process. It involves both the motor vehicle owner and the licensed motor dealer or repairer. Fair Trading will try to resolve the dispute face-to-face or by phone or in writing. 

What to do before NSW Fair Trading’s intervention 

The first step to solving a problem is knowing your rights under Australian Consumer Law. Goods and services must be of acceptable quality and fit for purpose.

The vehicle owner and licensed motor dealer or repairer should try to resolve the issue on their own. This will save both parties time and money by avoiding a lengthy and costly trip to court. 

Read more about your consumer rights when buying or repairing a motor vehicle.

What NSW Fair Trading does when it receives a complaint

If your dispute is unresolved, you can lodge a complaint with NSW Fair Trading online or visit a Service NSW centre. 

When you lodge a complaint, make sure you include:

• the details of the complaint
• the vehicle identification
• any documentation related to the matter such as quotes, reports or invoices. 

Once lodged, the complaint will be assessed to determine: 

• the issues in dispute and options which will help to resolve the complaint, this usually happens within 30 days

• if a breach of the law has occurred 

• if the matter would be better handled by another organisation or by a NSW Fair Trading Automotive Inspector. 

NSW Fair Trading will contact you to let you know your complaint has been received. 

What happens next

Once your dispute has been assessed it will be assigned to a NSW Fair Trading officer. If the dispute is a technical one, a NSW Fair Trading Automotive Inspector may be assigned. 

The officer or inspector will contact you and the business involved in the dispute. They will work with both parties to try and come to a mutual resolution.

If required, the inspector may arrange a meeting with all involved parties to look over the vehicle to assist in resolving the dispute.  

The role of the NSW Fair Trading officer and Automotive Inspectors

NSW Fair Trading officers and Automotive Inspectors are skilled in the area of dispute resolution.

NSW Fair Trading Automotive Inspectors are qualified tradespeople who provide impartial help. This means they do not represent either party.  

Rectification orders  

Trade qualified inspectors can issue rectification orders in some instances to help resolve your dispute if repair work on a vehicle is incomplete or defective or if a dealer guarantee has not been met.  

If a meeting is arranged to view the vehicle, both parties will be provided with a copy of the complaint inspection advice. 

The automotive inspector may issue a rectification order if there are matters that the licensed repairer or dealer needs to rectify. 

The inspector may also conclude that the trader is not responsible. 

Rectification orders are enforceable and maybe used as evidence in court or at a tribunal. NSW Fair Trading can take disciplinary action against a licensed dealer or repairer if they do not comply with an order.  

NSW Fair Trading officers and Automotive Inspectors will: 

• provide impartial advice to the parties with a dispute 
• allow all parties to put forward their points 
• explain the relevant matters in the dispute 
• confirm that all relevant matters have been discussed 
• put forward suggestions on the best way to resolve the dispute. 

The NSW Fair Trading officer or Automotive Inspector will not: 

• take sides or represent either the vehicle owner or licensed motor dealer or repairer 
• continue with the dispute resolution process if the parties do not show a willingness to reach an agreeable settlement 
• offer any legal advice. 

The NSW Fair Trading officer or Automotive Inspector cannot: 

• order any party in the dispute to pay any money or to return a vehicle to any person 
• dismantle any components or diagnose any problem with a vehicle beyond what the officer is able to see or hear 
• force either party to continue with the dispute resolution process. 

The dispute resolution process is voluntary and depends on the cooperation of both parties to succeed. 

If there is no resolution 

If the dispute is not resolved, the NSW Fair Trading officer or Automotive Inspector will provide options for formal resolution of your complaint. This may including lodging a claim with the NSW Civil and Administrative Tribunal (NCAT). 

NCAT can make orders which are binding. The largest claim that can be made through NCAT is $100,000. If the dispute is about the purchase of a new vehicle, NCAT can make orders for an unlimited sum.