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Many legal disputes arise over the purchase of a vehicle. When buying a car in WA, it is important to know the differences in your rights and responsibilities when purchasing from a private seller compared to a dealership. The old saying ‘buyer beware’ is the mantra for all people buying second hand cars from a private seller.
There is little protection when buying a car in WA privately, and you should make sure you know what you are buying. On the other hand vehicles purchased through a dealership do have some level of protection by consumer guarantees and warranties, though you need to be aware of the contract that you are signing.
There are many things you should consider before you purchase a vehicle. These include: the condition of the car to make sure you are not buying a lemon, are there any warranties, is it subject to finance, is there car already under finance and being used as security, and the cost of the vehicle licence duty.
If you require legal advice or representation in a civil law matter in WA, please contact Go To Court Lawyers. You can reach us 24 hours a day on 1300 636 846, contact us online or book a consultation with one of our experienced lawyers.
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Need a Civil Law lawyer in WA?
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Frequently Asked Questions
What should I check to ensure a car isn't being used as security for finance?
You should conduct a Personal Property Securities Register (PPSR) search before purchasing any vehicle. This search reveals if the car has any existing finance or is being used as security for a loan. If you buy a car with undisclosed finance, you could lose both the vehicle and your money when the financier repossesses it to recover the debt.
What consumer guarantees apply when buying a car from a dealership in Western Australia?
Under the Australian Consumer Law, dealerships in WA must provide consumer guarantees including that the vehicle is of acceptable quality, fit for purpose, and matches the description provided. These guarantees cannot be excluded by contract terms. However, these protections don't apply to private sales, where 'buyer beware' applies and you have very limited legal recourse for defects.
How much does it cost to get legal advice about a car purchase dispute in WA?
Go To Court Lawyers offers a fixed-fee consultation for $295 to discuss your car purchase dispute in Western Australia. During this consultation, an experienced civil law lawyer will assess your situation, explain your rights, and advise on potential remedies. This upfront cost allows you to understand your legal position without worrying about escalating legal fees for initial advice.
How can a lawyer help me with a car purchase dispute in Western Australia?
A civil law lawyer can review your purchase contract, assess whether consumer guarantees were breached, negotiate with the seller or dealership on your behalf, and pursue compensation through courts if necessary. They can also help recover your money through debt recovery proceedings, challenge unfair contract terms, and navigate complex warranty claims to achieve the best possible outcome.
Is there a time limit for taking legal action over a faulty car purchase in WA?
Yes, strict time limits apply to car purchase disputes in Western Australia. For consumer guarantee claims, you generally have a reasonable time to reject goods, typically within months of purchase. For contractual disputes, you usually have six years from when the problem arose. Acting quickly is crucial as evidence deteriorates and your legal options may become more limited over time.
