After purchasing a late-model vehicle through a private sale, our Queensland client was faced with severe, recurring transmission shudder and sudden breakdowns shortly after taking delivery.
Authorised dealerships repeatedly inspected the vehicle but failed to resolve the issue, deflecting blame onto general wear and tear. When our client sought recourse, the manufacturer denied liability altogether, claiming it owed no duty to a second-hand buyer.
At a glance
- Problem: A late-model car bought second-hand suffered recurring transmission shudder and breakdowns, and the manufacturer denied it owed anything to a second-hand buyer.
- Claim against: The vehicle manufacturer.
- Legal basis: The Australian Consumer Law consumer guarantees, which apply regardless of the factory warranty.
- Result: Cash settlement before trial, covering a new transmission and the buyer’s legal costs, on a no-win, no-fee* basis.
A defect that wasn’t the buyer’s fault
For our client, the dispute was about safety, accountability, and avoiding thousands in out-of-pocket repair bills while continuing to service finance repayments on an unreliable vehicle.
Holding the manufacturer accountable
ezylegal commenced court proceedings on a no-win, no-fee* basis to enforce our client’s statutory consumer rights.
Using our AI Paralegal, Rachel, our legal team rapidly ingested and cross-matched dozens of technical inspection reports, dealership correspondence, and court filings into an indexed, court-ready chronology. This automation enabled our lawyers to pinpoint critical inconsistencies in the manufacturer’s technical defence and compel the disclosure of internal fault records without costly administrative delays.
The outcome
Faced with our court application and compelling specialist evidence establishing a major statutory failure, the manufacturer agreed to resolve the dispute before trial.
ezylegal negotiated a cash settlement paid directly to our client under a formal Deed of Release, fully funding the required transmission replacement and resolving our client’s legal costs.
Can a second-hand car buyer claim against the manufacturer?
Yes. The consumer guarantees under the Australian Consumer Law can still apply after the car changes hands, and they work alongside any manufacturer’s warranty.
Many buyers assume that purchasing privately or outside a manufacturer’s warranty leaves them with no recourse. Under Australian law, statutory consumer guarantees operate independently of factory warranties and cannot be excluded by fine print. When a vehicle suffers from an inherent manufacturing fault, the manufacturer remains accountable under the law.
If you’re facing something similar
If you’ve purchased a defective vehicle and the manufacturer or dealer is refusing to fix it, you have legal rights. Strict procedural rules and time limits apply, so get advice early. You can read more about your rights in our guide to the Australian Consumer Law.
ezylegal operates on a no-win, no-fee* basis across consumer, commercial and insurance disputes, so you’re not weighing the cost of a lawyer against the cost of walking away.