GuaranteesOnRecord

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Motor vehicle guarantees

59 established claims - 9 refused by the grounding gate

Documented position40

What the body that runs or defines the thing says in its own documentation.

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Motor vehicle guarantees, according to the ACCC, have consumer guarantee rights that apply under the law to new and second-hand cars bought from a licensed dealer.

other
1 quote from 1 source
apply under the law to new and second-hand cars when you buy from a licensed dealer.
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the ACCC states that a car dealer must…

  • assist a consumer with a remedy.
  • not tell a consumer to go to the manufacturer for a remedy.
other
1 quote from 1 source
The dealer must assist and must not tell the consumer to go to the manufacturer for a remedy.
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The ACCC states that motor vehicle guarantees cannot be replaced, changed or taken away by voluntary warranties on cars.

other
1 quote from 1 source
Voluntary warranties cannot replace, change or take away the automatic rights consumers have.
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Motor vehicle guarantees, according to the ACCC, require a car manufacturer or importer to provide…

  • spare parts for a reasonable time after purchase.
  • repair facilities for a reasonable time after purchase.
other
1 quote from 1 source
A manufacturer or importer must provide spare parts and repair facilities for a reasonable time after purchase.
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The ACCC's documented position on motor vehicle guarantees states that most…

  • consumer guarantees do not apply to second-hand cars bought through private or auction sales.
  • state and territory laws do not apply to second-hand cars bought through private or auction sales.
other
1 quote from 1 source
Most consumer guarantees and state and territory laws don’t apply to second-hand cars bought through private or auction sales.
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The ACCC states that motor vehicle guarantees do not entitle consumers to a repair, replacement or refund on a car if the problem was caused by the consumer misusing it.

other
1 quote from 1 source
If the problem with the car was caused by the consumer misusing it, they are not entitled to a repair, replacement or refund.
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Concerning motor vehicle guarantees, the ACCC states that car dealer licensing is administered and regulated by state and territory agencies.

other
1 quote from 1 source
Car dealer licensing is administered and regulated by state and territory agencies.
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Regarding motor vehicle guarantees, the ACCC states that no penalty provisions currently apply for a failure to provide a consumer guarantee remedy required under Division 1 of Part 3-2 of the Australian Consumer Law.

other
1 quote from 1 source
No penalty provisions currently apply for a failure to provide a consumer guarantee remedy required under Division 1 of Part 3–2 of the ACL.
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cooling-off periods for second-hand cars…

  • are required in some states and territories, according to the ACCC.
  • range from 1 to 3 clear days after signing an agreement to purchase the car, according to the ACCC.
other
1 quote from 1 source
Some states and territories require dealers to provide a cooling-off period for second-hand cars, ranging from 1 to 3 clear days after signing an agreement to purchase the car.
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The ACCC's documented position on motor vehicle guarantees is that car dealers do not have to provide cooling-off periods in Western Australia, the Northern Territory and Tasmania.

other
1 quote from 1 source
dealers do not have to provide cooling-off periods in Western Australia, Northern Territory and Tasmania.
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In relation to motor vehicle guarantees, the ACCC states that…

  • state and territory statutory warranty obligations do not apply to private sellers of second-hand cars.
  • cooling-off periods do not apply to private sellers of second-hand cars.
  • most Australian Consumer Law obligations do not apply to private sellers of second-hand cars.
other
1 quote from 1 source
The state and territory statutory warranty obligations, cooling-off periods and most ACL obligations do not apply to private sellers.
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The ACCC states that private sellers of second-hand cars are obliged to provide guarantees…

  • of clear title.
  • of undisturbed possession.
  • that the car has no undisclosed securities.
other
1 quote from 1 source
Private sellers of second-hand cars are nevertheless obliged to provide guarantees of clear title, undisturbed possession and that the car has no undisclosed securities.
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Regarding motor vehicle guarantees, the ACCC states that consumer rights are in addition to the Australian Consumer Law consumer guarantees.

other
1 quote from 1 source
A common misconception is that consumer rights are limited to what is covered by state or territory statutory warranties, rather than these rights being in addition to those under the ACL consumer guarantees.
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Consumer Affairs Victoria states that a Victorian used-car statutory warranty lasts for 3 months or 5000 kilometres after purchase, whichever occurs first.

other
1 quote from 1 source
A statutory warranty lasts for 3 months or 5000 kilometres after purchase, whichever occurs first.
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Consumer Affairs Victoria states that even after the Victorian statutory warranty expires a buyer still has rights under the Australian Consumer Law they can rely on if there is a problem with the car.

other
1 quote from 1 source
even after the statutory warranty expires, you still have rights under the Australian Consumer Law (ACL) that you can rely on if there is a problem with your car
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Consumer Affairs Victoria states that the Victorian used-car statutory warranty does not transfer to a new owner if the buyer sells the car privately before the three months or 5,000 kilometres have passed.

other
1 quote from 1 source
if you sell your car privately before the three months or 5,000 kilometres have passed, the warranty does not transfer to the new owner
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A buyer who accepts delivery of the vehicle during the three-day period automatically loses the right to cool off.

other
1 quote from 1 source
if you choose to accept delivery of the vehicle during this three-day period, you will automatically lose your right to cool off
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Consumer Affairs Victoria states that…

  • a Victorian dealer can keep some of the deposit on a cooled-off car sale.
  • the amount of deposit a Victorian dealer can keep on a cooled-off car sale is $100 or 1% of the purchase amount, whichever is greater.
other
1 quote from 1 source
The dealer can keep some of the deposit you have paid ($100 or 1% of the purchase amount, whichever is greater).
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Consumer Affairs Victoria states that there is no cooling-off period if a car is…

  • purchased in the name of a company or body corporate.
  • classified as a commercial vehicle.
other
1 quote from 1 source
There is no cooling-off period if the car is purchased in the name of a company or body corporate, or if it is classified as a commercial vehicle.
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Consumer Affairs Victoria states that a Victorian licensed motor car trader must provide a buyer with a statutory warranty if the car is less than 10 years old and has travelled less than 160,000 kilometres.

other
1 quote from 1 source
You must provide a buyer with a statutory warranty if the car is less than 10 years old and has travelled less than 160,000 kilometres.
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Consumer Affairs Victoria states that the Victorian used-car statutory warranty does not apply to…

  • motorcycles.
  • commercial vehicles.
  • cars sold at public auction.
other
2 quotes from 1 source
A statutory warranty does not apply to:
motorcycles, commercial vehicles and cars sold at public auction
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Consumer Affairs Victoria states that Victorian licensed motor car traders must by law provide buyers of used cars with a guarantee of clear title.

other
1 quote from 1 source
Licensed motor car traders (LMCTs) must, by law, provide buyers of used cars with a guarantee of clear title.
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Consumer Affairs Victoria states that a Victorian licensed motor car trader must give the buyer a current roadworthy certificate before they take possession of the car.

other
1 quote from 1 source
give the buyer a current roadworthy certificate before they take possession of the car
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Consumer Affairs Victoria states that traders guilty of odometer tampering face…

  • fines of 240 penalty units for an individual and 1000 penalty units for a company.
  • imprisonment of up to two years.
  • both fines and imprisonment.
other
1 quote from 1 source
Traders guilty of odometer tampering face fines (240 penalty units for an individual and 1000 penalty units for a company), imprisonment of up to two years, or both.
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Consumer Affairs Victoria states that a Victorian licensed motor car trader must…

  • list any faults not covered by the statutory warranty on a defect notice.
  • display the defect notice on the vehicle.
other
1 quote from 1 source
You must list any faults not covered by the statutory warranty on a defect notice and display this on the vehicle.

Measured finding6

Something someone actually measured, with the method attached.

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The ACCC reports that over 80% of the second-hand car reports it received in that period related to consumer guarantee issues concerning motor vehicle guarantees.

other
1 quote from 1 source
From 1 July 2024 to 30 June 2025, the ACCC received over 1,000 reports about second hand cars. Over 80% of these reports related to consumer guarantee issues.
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The ACCC reports that state and territory consumer protection agencies received over 13,000 reports about issues relating to second-hand cars during the 2024-25 financial year.

other
1 quote from 1 source
State and territory consumer protection agencies also received over 13,000 reports about issues relating to second-hand cars during the 2024–25 financial year.
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  • The ACCC reports that Consumer Protection Western Australia received approximately 950 reports about second-hand cars in the 2024-25 financial year.
  • The approximately 950 reports about second-hand cars received by Consumer Protection Western Australia in the 2024-25 financial year referenced how quickly the reported fault arose after purchase.
other
1 quote from 1 source
Consumer Protection Western Australia received approximately 950 reports about second-hand cars in the 2024–25 financial year which referenced how quickly the reported fault arose after purchase.
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  • In 2023, Consumer Affairs Victoria analysed approximately 300 cases.
  • In the approximately 300 cases analysed by Consumer Affairs Victoria in 2023, the consumer had reported how long it took to identify the car's failure.
other
1 quote from 1 source
In 2023, Consumer Affairs Victoria conducted analysis of approximately 300 cases where the consumer had reported how long it took for them to identify the car’s failure.

Practical effect8

What is observed to happen in practice, as distinct from what is documented.

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Some consumers seeking a remedy under motor vehicle guarantees have faced dealers claiming the dealer has a no refunds policy.

other
2 quotes from 1 source
When seeking remedies from dealers, some consumers have faced challenges such as dealers claiming that:
the dealer has a ‘no refunds’ policy
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the ACCC reports that some consumers seeking a remedy have faced dealers claiming that once the state or territory statutory warranty expires the dealer has no further obligations.

other
2 quotes from 1 source
When seeking remedies from dealers, some consumers have faced challenges such as dealers claiming that:
once the state or territory statutory warranty expires, the dealer has no further obligations.
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Under motor vehicle guarantees, some consumers seeking a remedy have faced dealers claiming that the consumer is not entitled to a remedy unless they purchased an extended warranty.

other
2 quotes from 1 source
When seeking remedies from dealers, some consumers have faced challenges such as dealers claiming that:
the consumer is not entitled to a remedy unless they purchased an extended warranty
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Regarding motor vehicle guarantees, the ACCC states that a common misconception is that consumer rights are limited to what is covered by state or territory statutory warranties.

other
1 quote from 1 source
A common misconception is that consumer rights are limited to what is covered by state or territory statutory warranties, rather than these rights being in addition to those under the ACL consumer guarantees.
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The ACCC reports that in the 2024-25 financial year ASIC received 47 reports of alleged misconduct about extended warranties for cars.

other
1 quote from 1 source
In the 2024–25 financial year, ASIC received 47 reports of alleged misconduct about extended warranties for cars
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  • Mazda told the consumers that the only remedy available was a repair.
  • The consumers' vehicles had already undergone multiple unsuccessful repair attempts including complete engine replacements.
other
1 quote from 1 source
Mazda ignored or rejected requests by the 9 consumers for a refund or a replacement vehicle. It told them that the only remedy available was a repair, even though their vehicles had already undergone multiple unsuccessful repair attempts, including complete engine replacements.
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Regarding motor vehicle guarantees, the ACCC reports that in the Consumer Affairs Victoria analysis just under a third of complainants reported the issues arose within one day of taking possession of the car.

other
1 quote from 1 source
In 2023, Consumer Affairs Victoria conducted analysis of approximately 300 cases where the consumer had reported how long it took for them to identify the car’s failure. Just under a third of complainants reported the issues arose within one day of taking possession of the car.

Changed on1

A dated change. This is where advice quietly stops being true.

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In February 2024, the Federal Court ordered Mazda to pay $11.5 million in penalties for misleading 9 consumers about their consumer guarantee rights.

other
1 quote from 1 source
In February 2024, the Federal Court ordered Mazda to pay $11.5 million in penalties for misleading 9 consumers about their consumer guarantee rights.

Repeated, with no primary source in reach4

Widely repeated in the field. Within the documents this sweep read, it traces only to other repetitions - which is a fact about our reading as well as about the idea, until each one has been searched for on its own.

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Cars24 states that every vehicle it sells comes with a…

  • complimentary 3-month warranty
  • 30-Day Return Guarantee
other
1 quote from 1 source
That's why every vehicle comes with a complimentary 3-month warranty and 30-Day Return Guarantee, giving you added reassurance from day one.
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Cars24 states that regular servicing of the vehicle is required under its cover.

other
1 quote from 1 source
Regular servicing of your vehicle is required
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Cars24 describes its cover as giving unlimited claims up to the vehicle value at time of claim.

medium confidenceother
1 quote from 1 source
Unlimited claims up to the vehicle value at time of claim

Refused9

Claims the research produced that the grounding gate would not accept, with its reason. They are here because a site that only shows what passed gives you no way to judge whether the gate does anything.

Show what was refused

The ACCC reports that on 23 November 2025 the Assistant Minister for Productivity, Competition, Charities and Treasury announced that the Government will develop legislative changes to the Australian Consumer Law concerning motor vehicle guarantees.

Refused: The quote states the Government will develop legislative changes to the ACL generally, including penalties for consumer guarantee failures, but does not state the changes concern motor vehicle guarantees.

Unsupported: concerning motor vehicle guarantees

What it rested on
on 23 November 2025, the Assistant Minister for Productivity, Competition, Charities and Treasury announced that the Government will develop legislative changes to the ACL, including to introduce penalties for businesses which fail to provide remedies for consumer guarantee failures.

The ACCC reports that the Government will develop legislative changes to the Australian Consumer Law to introduce penalties for businesses which fail to provide remedies for consumer guarantee failures concerning motor vehicle guarantees.

Refused: The quoted announcement refers to consumer guarantee failures generally, not specifically to motor vehicle guarantees.

Unsupported: concerning motor vehicle guarantees

What it rested on
on 23 November 2025, the Assistant Minister for Productivity, Competition, Charities and Treasury announced that the Government will develop legislative changes to the ACL, including to introduce penalties for businesses which fail to provide remedies for consumer guarantee failures.

The ACCC states that state and territory statutory warranties on second-hand cars differ in each state or territory.

Refused: The quote says statutory warranties differ by state or territory but does not state they are on second-hand cars.

Unsupported: on second-hand cars

What it rested on
These statutory warranties differ in each state or territory.

Consumer Affairs Victoria states that a buyer of a car or motorbike from a Victorian licensed motor car trader has three clear business days, excluding weekends and public holidays, after signing a contract to change their mind.

Refused: The quote states the three-day cooling-off period but does not specify that it applies to a buyer of a car or motorbike from a Victorian licensed motor car trader.

Unsupported: a buyer of a car or motorbike from a Victorian licensed motor car trader

What it rested on
You have three clear business days (excluding weekends and public holidays) after you sign a contract to change your mind.

Motor vehicle guarantees can add as much as 20% to the total purchase price of a second-hand car.

Refused: The quote's 20% figure is specifically for extended warranties, not motor vehicle guarantees generally.

Unsupported: Motor vehicle guarantees

What it rested on
Extended warranties can reportedly add as much as 20% to the total purchase price of a second-hand car.

Regarding motor vehicle guarantees, the ACCC received over 1,000 reports about second hand cars from 1 July 2024 to 30 June 2025.

Refused: The quote states the ACCC received over 1,000 reports about second hand cars but does not mention motor vehicle guarantees.

Unsupported: Regarding motor vehicle guarantees

What it rested on
From 1 July 2024 to 30 June 2025, the ACCC received over 1,000 reports about second hand cars.

Over half of the Consumer Protection Western Australia reports on motor vehicle guarantees said the fault arose on the day of purchase.

Refused: The quote says reports about second-hand cars, not reports on motor vehicle guarantees.

Unsupported: motor vehicle guarantees

What it rested on
Consumer Protection Western Australia received approximately 950 reports about second-hand cars in the 2024–25 financial year which referenced how quickly the reported fault arose after purchase. Of these reports, over half reported that the fault arose on the day of purchase, and almost 70% of the reported faults arose within one week of purchase.

Almost 70% of the reported faults in the Consumer Protection Western Australia reports on motor vehicle guarantees arose within one week of purchase.

Refused: The quote supports reports about second-hand cars, not reports specifically on motor vehicle guarantees.

Unsupported: motor vehicle guarantees

What it rested on
Consumer Protection Western Australia received approximately 950 reports about second-hand cars in the 2024–25 financial year which referenced how quickly the reported fault arose after purchase. Of these reports, over half reported that the fault arose on the day of purchase, and almost 70% of the reported faults arose within one week of purchase.

Motor vehicle guarantees have a practical effect: the ACCC reports that as at 30 June 2025 there are over 10,000 licensed car dealers in Australia.

Refused: The cited quote reports only the number of licensed car dealers and says nothing about motor vehicle guarantees having a practical effect.

Unsupported: Motor vehicle guarantees have a practical effect

What it rested on
As at 30 June 2025, there are over 10,000 licensed car dealers in Australia.