Who you can make a claim against
If you bought a vehicle from a registered motor vehicle trader, you can take a claim to the Motor Vehicle Disputes Tribunal. You can also take a claim against an unregistered trader if you can prove they were in the business of selling motor vehicles.
If you bought a vehicle from a registered motor vehicle trader you can take a claim to the Motor Vehicle Disputes Tribunal. You can also take a claim against an unregistered trader if you can prove they were in the business of selling motor vehicles.
If you bought a vehicle in a private sale and have a dispute with the seller you need to go through the Disputes Tribunal.
Motor vehicle trader definition
The Motor Vehicle Services Act defines a motor vehicle trader as anyone who is in the business of motor vehicle trading. This includes a car market operator, an importer, a wholesaler, a car auctioneer, and a car consultant.
A person is treated as a motor vehicle trader if they:
- advertise, state or represent in any way that they are ready to carry on the business of motor vehicle trading, or
- sell more than 6 motor vehicles in any 12 month period unless they can prove the vehicles were not sold for the primary purpose of gain, or
- import more than three motor vehicles in any 12 month period, unless they can prove the vehicles weren’t imported to be sold for profit.
Motor vehicle definition
A motor vehicle is defined in the Motor Vehicle Services Act as a powered road vehicle of a kind "ordinarily acquired by consumers for personal domestic and household use". It includes motorcycles of more than 60cc but excludes tractors, farm machinery, trailers, mopeds and mobility devices.
