New South Wales Consolidated Acts

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MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 68

Dealer guarantee for defective vehicles

68 Dealer guarantee for defective vehicles

(1) Dealer guarantee A motor dealer must, at the motor dealer's own expense, repair or make good a motor vehicle sold by the motor dealer, if it is a defective vehicle, so as to place the motor vehicle in a reasonable condition having regard to its age.
Note : Any repairs must be carried out by the holder of a tradesperson's certificate (see section 16).
(2) The following persons have the benefit of the dealer guarantee--
(a) the purchaser of the motor vehicle from the motor dealer,
(b) any subsequent owner of the motor vehicle, but only if the motor vehicle was not a second-hand motor vehicle when sold by the motor dealer liable for the dealer guarantee.
(3) A motor dealer ceases to be liable for the dealer guarantee for a motor vehicle if the motor vehicle is at any time acquired by the motor dealer or another motor dealer.
(4) The dealer guarantee does not apply to a motor vehicle if no limitation period is specified for the motor vehicle under this Division.
(5) Vehicle must be defective before end of limitation period The dealer guarantee applies only to a motor vehicle that is or becomes a defective vehicle before the end of the limitation period for the motor vehicle (whether or not it is known before the end of the limitation period that the motor vehicle is a defective vehicle).
(6) Defects that become apparent after limitation period A motor dealer is not required to comply with the dealer guarantee if the condition or defect that causes a motor vehicle to be a defective vehicle becomes apparent after the limitation period and the owner of the motor vehicle fails to report the condition or defect to the motor dealer within a reasonable period of becoming aware of the condition or defect.



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