NSW is 3 months up to 160k kms & 10yrs, but nothing when the car’s over.
However that doesn’t absolve them of absolutely all shady behaviours and you’d still have a reasonable chance with Fair Trading if it happened when driving home from the dealer so they may choose to fix it to avoid that hassle.
All states have a used car statutory warrant that’s valid whenever someone purchases a used car from a dealer.
Such a used car statutory warranty is defined within each state via legislation that specifies its duration and the conditions it’s valid, so there can be variances between states. The structure of these used car statutory warranties are usually defined as x months or y kms from the date of purchase but limited in various ways dependant on vehicle age or odometer reading. Also the statutory dealer warranty covers some items within the vehicle but excludes other items.
In NSW the legislation covering such is the
Motor Dealers and Repairers Act 2013.
As well there is also protection under Australian consumer law which also provides a buyer with a statutory warranty when a vehicle is purchased from a business. One‘s statutory warranty requires that the product they purchased is fit for purpose and durable among other things. As the statutory warranty duration isn't specifies explicitly, its duration is based on what an average consumer would expect given the price paid and this warranty covers more than the MD&R Act would
One should note that ACL has a higher standard than the old merchantable quality standards of old legislation that the Motor Traders Industry Association of NSW still tout. It may be that the MD&R Act 2013 still uses the old per ACL wording or it may be that the MTIA of NSW is still living in the past, i don’t know which it is though I have my suspicions
At least
NSW RMS mentions both statutory warranties.
The kicker for used car buyers is that the MD&R Act doesn’t preclude the ACL’s application
So anyone who buys a used vehicle from a car dealer is covered by both the used car statutory warranty (has limits on what is covered) and the ACL statutory warranty (which covers the whole of the product that was purchased). Such gives the buyer another stick to hit any shifty deceptive car dealer with when the buyer has car defects and the car dealer is recalcitrant with repairs…
Obviously the first port of call would be to go back to the dealer and highlight the problem to them in writing so as to memorialise the issue. Then the games can begin…
In relation to vehicle defects, a check engine lamp can be because something may be non compliant with legislated requirements (as all pollution related check engine problems, abs, esc, airbag and other safety system problems would be).
From an ACL statutory warranty perspective, the warranty standards are higher but again the issue would be related to the length of the warranty and related to what an average consumer would expect w.r.t how long the used car they bought should last. I’d say the used car they bought should last more than the drive home and as a minimum be problem free for more than 5000 kms minimum offered by MD&R Act (unless the used car was sold with a prescribed defects notice provided prior to signing the purchase contract -which in itself goes against the legal premise that you can’t sign away your ACL rights
… which reminds me of the joke “what’s better than 100 lawyers at the bottom of the ocean?” …. 1000 lawyers
)
Really in this case there is plenty of scope to hammer the used car dealer, but as always, having to fight through a tribunal because a recalcitrant dealer is playing hardball is a PITA