I was not aware that modern vehicles could have their odometer readings woung back but it just goes to show that where there’s a crook, there’s a way.
In my case I have purchased a $17,000 used vehicle that was misrepresented as a later model and is basically unroadworthy, Police have confirmed the unroadworthiness. I am a pensioner and gave car dealer everything I had including my reliable Holden Rodeo. I cannot afford to repair or replace the car I bought. I trusted the car salesman. If I had done the same I would and have been charged with fraud. Why are car dealers exempt from accountability and responsibility ? I am screwed with a $17,000 paper weight.
Hi @JohnDoe, welcome to the community. Thank you for your first post and outlining the unfortunate situation you are in.
What state are you in? If bought through a licensed used car dealer, they may be required to provide a statutory warranty. Choice has provided a summary here:
Why is the car unroadworthy? Something simple such as a brake light bulb not working, through to major structural issues with a car can make them unroadworthy. You have mentioned the police agree that the car in unroadworthy - have you been issued a defect notice/car stickered?
How long after purchase did the issue arise? Statutory warranties have a limited period of currency.
Was a vehicle inspection done pre-purchase and a roadworthy certificate (called different things in different states) issued? Who were these done by?
Additional information would be useful.
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Welcome to the Community @JohnDoe ,
Sorry to hear about that. I merged your post into this older one that includes links to options you might have. While there is general consistency across the states (and territories) each has its own peculiarities.
If you scroll through the prior posts you will find information from the ACCC and Cars Guide linked as well as some Choice advice.
Car dealers, as are property developers and builders, can be seen as laws unto themselves but with tenacity sometimes the customer can get redress. All used cars sold by dealers should have a statutory warranty.
https://lawhandbook.sa.gov.au/ch10s04s04s02.php
https://cbos.tas.gov.au/topics/products-services/buying/buying-a-car/used-car
https://consumeraffairs.nt.gov.au/for-consumers/younger-territorians/cars/car-warranties
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Western Australia. No Stat Warranty. Car was advertised, portrayed and sold to me as MY2009 when it is MY2008. All paperwork says its MY2009 build plate says MY2008.
Faults became obvious straight away. Blowing black smoke at highway speed, black smoke stain on rear of car, front main oil seal and more lol.
DPF has been removed and lift kit fitted to rear. WA Police have confirmed its unroadworthiness. Should I ever require an inspection car will fail.
The warranty that I was led to believe would cover any issues that might arise is worthless found out the hard way and $900 lighter. That is a fortune on a pension. It is buyer be aware in WA. I will not recover from this financialy and the car is quickly fallimg to bits. Had it bit under 6 months. It has actually let me in a very unpleasent place mentaly and given how ill I am I have nothing left to lose.
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The stat warranty for a vehicle sold in WA is shown in the link I posted. They are, WA included, a max of 3 months.
If you have documented evidence you might consult your legal aid society if you cannot afford to see a solicitor and the dealer has fobbed you off, as you have implied. Some solicitors will provide initial advice gratis. Even though the stat warranty has expired if you formally (eg with records/evidence) reported the problems within the time limit you could argue the problems should have been rectified.
What was the $900 spent on?
As for year, that is often a problem. What make and model is your car? As you seem aware there is a manufactured year, a model year, and a compliance year, and new dealers register cars inconsistently even though they should not. My Renault is a 2017 build, a 2017 model, and a 2019 compliance. It was registered as a 2019 by the Renault dealer. I queried ‘the system’ and the response was (simplified) the dealer/manufacturer knows best, go with it.
We also have one that is a 2013 build, 2014 model, 2014 compliance, registered as a 2013 in 2014. Same dealer 5 years earlier. Conclusion - don’t get too upset about the year. You are far from alone even though it is not right it is pervasive and seems from difficult to impossible to have ‘corrected’ without angst and process. I am not aware of people going through the trouble.
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Do you know the vehicle was fitted with a DPF as standard kit on the car? A vehicle of this age may not necessarily have one fitted.
Diesels can blow ‘black smoke’ for a number of reasons. Have you got advice on its cause.
Older vehicles without DPF were notorious for having black film on the rear of a car after some use. This may be normal if its isn’t excessive.
You could seek some recompense in your State’s legal system via the following eComplaint
Consumer complaint | DMIRS Forms (commerce.wa.gov.au)
A checklist (it includes sample complaint letters to send to the business) for what should be done by you is at
You can also print out a complaint form to lodge in person or by mail at the Department. Document is at
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I appreciate your suggestions, I have been through all of that and it is up to me to take the fight to them. I do not have the strength anymore I am 2 1/2 years into a long illness that shows no sign of letting up. I could almost quote the rules and regs. The stealer will ultimately win the day and I will be left with no way to attend medical appts. Public transport is a no go due to illness and taxis are almost a $200 return trip. As a former long haul truck driver you think I would have know better than to trust a con man sorry car salesman.
The law needs to protect the consumer and drum crooks n cowboys out of the industry as we truck drivers did here in WA, cowboys don’t last long behind the wheel of of train anymore.
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“Why are car dealers exempt from accountability and responsibility ?”
Sorry to hear of your situation . If you could let us know the make of the vehicle and year it would be most appreciated . There was an ADR passed in 2006 regarding the emissions of diesel engines . There was a time quoted where the engine had to stop pumping smoke . I think it was ten seconds . Any diesel vehicle discharging smoke for more than that time would be unroadworthy .
Obviously you purchased a vehicle , which by your description , was smoking due to the black around the vehicles back panels . In essence the dealer has illegally sold you an unroadworthy vehicle and should have their LMCT revoked .
Try legal aid . You have a strong case . Please keep in touch to let us know how you are going with this . There is always a way out . Sometimes we just have to see it . Take care and as I said keep in touch .
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MY2008 Nissan Pathfinder R51 Auto. Thanks much appreciated.
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Some posts I have previously made regarding Nissan garbage and their disgusting practices.
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