Our Queensland client bought a used car from a dealer in July 2024 to run his delivery business.
Within four days of picking it up, it was faulting.
Over the next five months it spent nearly two months off the road at a repairer and stalled on a highway. Then the dealer refused to cover it. ezylegal took the dealer to court on a no-win, no-fee* basis and negotiated a refund.
At a glance
- Problem: A used car bought from a dealer had repeated start-stop faults, an air-conditioning failure and engine shutdowns while driving, and was never properly fixed.
- Claim against: The licensed used car dealer that sold the car.
- Legal basis: The Australian Consumer Law guarantee that goods are of acceptable quality.
- Result: A negotiated refund, agreed at QCAT mediation.
A car he couldn’t rely on
Our client reported the first faults to the dealer by phone and email four days after pickup. The dealer’s own check found error codes and put it down to a flat battery.
The faults kept coming. The car went in for an air-conditioning fault and was at the repairer for 55 days. A month after he got it back, the same fault returned. A few weeks later, the car shut down on a highway, showing the same error codes as before.
The dealer sent him to an authorised service centre for a diagnosis. That centre quoted thousands of dollars for a repair and said it couldn’t be sure the repair would fix the problem. The dealer then refused his warranty claim.
To keep his business running, he had to register and run a second car.
Taking the dealer to court
ezylegal sent the dealer a letter of demand asking it to take the car back, refund the purchase price and cover his out-of-pocket costs. The dealer didn’t do it.
We filed a claim in the Queensland Magistrates Court under the Australian Consumer Law. The dealer asked for the case to be moved, and the court sent it to the Queensland Civil and Administrative Tribunal (QCAT), a tribunal that handles many consumer disputes.
The outcome
The matter went to mediation at QCAT in November 2025. There, ezylegal negotiated a refund for our client.
Can I get my money back on a used car from a dealer?
Yes, if the fault is serious enough. A dealer must sell you a used car of acceptable quality, judged by its age, price and kilometres. That rule applies on top of any statutory warranty.
A statutory warranty running out, or a dealer refusing a warranty claim, doesn’t end your rights. Under the Australian Consumer Law, a car that keeps breaking down, isn’t safe, or can’t be fixed in a reasonable time can be a major failure. A major failure means you can choose a refund or a replacement.
If you’re facing something similar
If the used car you bought from a dealer keeps failing:
- log every fault with the date, the kilometres and what happened
- report each fault to the dealer in writing, and keep their responses
- keep every repair invoice, quote and diagnostic report
- keep receipts for costs the faults cause, like a hire or spare car
- if you want a refund, reject the car in writing and say why
Get advice early, because time limits apply.
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.