Road block: The dealership can’t fix my car
Peter* couldn’t believe what he was hearing: “The dealership can’t fix my car because of my poor service history.”
Yet this so-called poor history was due to several factors outside his control, including that he was unable to get records from the first dealership, which had closed, and that subsequent appointments with another Hyundai dealership were late or postponed due to Covid restrictions.
“I was always informed and understood that a late service would address any outstanding requirements and that the vehicle service history was up to date,” he told Handle My Complaint. “At no point was I advised that booking an overdue appointment would make my warranty null and void.”
Handle My Complaint is inundated with complaints from consumers who say their dealership can’t fix their car under warranty for all kinds of reasons.
Marcia* had a similar issue with her 2014 Hyundai ix35, bought new, when she tried to get it fixed through her dealership. She took it back on several occasions when it started making noises, was using too much oil and generally not running well. “Nothing was ever done, I was always told it was good after a regular service,” she said.
When a faulty engine was finally diagnosed Marcia was told it couldn’t be replaced under warranty because she had missed a service by 1000km in the third year she owned the vehicle. “My service centre is now not even putting in secondhand engines because they know they are also faulty,” she said.
The mother of two was facing the prospect of heading to the wreckers to get whatever she could salvage for a car that was otherwise in good condition.
When you’re stressed and worried about the financial impact of car repairs, it can be easy to lose sight of your rights. But don’t just take the dealership at their word when they say they can’t fix your car, or that it is no longer covered for repairs because the warranty has lapsed.
What happens if a dealership can’t fix your used car?
There is a big difference between can’t fix and won’t fix. Under Australian Consumer Law, even if your car is no longer covered by the statutory warranty – the warranty all dealers are obliged to provide for free on secondhand cars - you still have certain automatic rights or consumer guarantees.
These include that the car be of acceptable quality and that it performs as expected. If it doesn’t meet these guarantees, you may be entitled to a repair if it’s a minor problem (the car radio not working) or a refund or replacement if it’s a major one (the brakes failing due to manufacturer fault).
The Australian Competition and Consumer Commission (ACCC) has dealers in its sights, too. In 2023, 75 percent of car-related issues raised with the ACCC were about consumer guarantees.
“Consumer guarantees apply for a period of time that is considered reasonable having regard to the nature of the products or services, including the price paid. This might be longer than the period of any warranty provided by a retailer or manufacturer,” ACCC Deputy Chair Catriona Lowe said.
If you aren’t getting your entitlements under Australian Consumer Law and the dealership is refusing to budge, get in touch with your state or territory’s consumer watchdog or fair trading authority. They will be able to give you further advice and can help seek a fair resolution with the dealership.
We are here to help
If you’re feeling overwhelmed by the process and struggling to determine what the dealership may or may not be required to fix, lodge a complaint with us and we’ll help put you back in the driver’s seat.
*Names have been changed to protect consumer privacy.
