Manufacturer Rust or Major Failure Demand: Write to the Car Maker Under the ACL
Rust, corrosion or a serious defect in a car still under the maker's warranty? This $29 demand goes to the manufacturer or Australian importer, not just the dealer: it sets out the corrosion and defects, the manufacturer's duties under the Australian Consumer Law and its own warranty, and demands that it resolve the claim by a deadline.
What this document does
- A formal demand to the manufacturer or Australian importer, not just the dealer
- A numbered schedule of the rust, corrosion and other defects, with claim numbers and repairs tried
- The manufacturer's duties under the Australian Consumer Law and its own corrosion warranty
- Your chosen outcome: buyback, replacement, a proper repair or compensation, with a 14-day deadline
- A request to keep every warranty, inspection and corrosion record for your vehicle
- Your next step: your state regulator, then the tribunal or court for your state
What we'll ask you
Plain-English questions, one at a time. No legal knowledge needed — if you don't know an answer exactly, your best estimate is fine.
- Which company is the manufacturer or Australian importer? The name in your warranty booklet or on their website.
- Which dealer sold you the vehicle?optional
- Which state or territory do you live in?
- What is the vehicle? Make, model, year, rego or VIN, new or used, when you bought it, what you paid and the kilometres now.
- Describe the rust or defects: where on the vehicle, when found, and what the dealer or manufacturer has said or done so far (dates and any claim numbers).
- What does the manufacturer's warranty say about rust or corrosion (for example an anti-corrosion or perforation warranty, and how long)? If you do not know, say so.optional
- Any independent inspection report or photos? Who, when and what they found.optional
- What do you want the manufacturer to do?
- What did you pay for the vehicle (drive-away), or the amount you are claiming?
- You approve it before it is sent
- 2 free amendments included
- All Australian states and territories
- Stripe secured · 256-bit encrypted
Manufacturer Rust Demand — drafted to the right state law
One document, eight jurisdictions. We only ever cite the Act, regulator and tribunal for your state, so nothing from another jurisdiction bleeds into your manufacturer rust demand.
New South Wales
NEW SOUTH WALES DEALER GUARANTEE (in addition to the Australian Consumer Law. A motor dealer (anyone carrying on the business of dealing in motor vehicles, s 5.
Consumer regulator: NSW Fair Trading
Consumer money claims: NSW Civil and Administrative Tribunal (NCAT), Consumer and Commercial Division
Victoria
VICTORIA (dealer located in Victoria). STATE DEALER WARRANTY: Motor Car Traders Act 1986 (Vic) s 54, which is part of the sale contract (s 54(2)) and binds any motor car trader, meaning a person carrying on the business of trading in motor cars, licensed or not (s 3).
Consumer regulator: Consumer Affairs Victoria
Consumer money claims: Victorian Civil and Administrative Tribunal (VCAT), Civil Claims List
Queensland
QUEENSLAND DEALER STATUTORY WARRANTY (in addition to the Australian Consumer Law. A warranted vehicle is a used motor vehicle other than a motorcycle, a commercial vehicle (built mainly for carrying or hauling goods, or designed to carry more than 9 persons.
Consumer regulator: Office of Fair Trading (Queensland)
Consumer money claims: Queensland Civil and Administrative Tribunal (QCAT)
Western Australia
WESTERN AUSTRALIA (the dealer's state). STATE DEALER WARRANTY: Motor Vehicle Dealers Act 1973 (WA) ss 34-34F, which is in addition to the Australian Consumer Law (s 47: the Act does not limit any right the buyer would otherwise have).
Consumer regulator: Consumer Protection WA (Department of Local Government, Industry Regulation and Safety)
Consumer money claims: Magistrates Court of Western Australia
South Australia
SOUTH AUSTRALIA (the dealer's state). STATE DUTY TO REPAIR: Second-hand Vehicle Dealers Act 1995 (SA) s 23, which is in addition to, and does not derogate from, any other Act or civil remedy, including the Australian Consumer Law (s 5).
Consumer regulator: Consumer and Business Services (CBS) South Australia
Consumer money claims: Magistrates Court of South Australia
Tasmania
TASMANIA (dealer located in Tasmania). STATE DEALER WARRANTY: Motor Vehicle Traders Act 2011 (Tas) Part 4.
Consumer regulator: Consumer Affairs Tasmania
Consumer money claims: Magistrates Court of Tasmania, Civil Division
Australian Capital Territory
AUSTRALIAN CAPITAL TERRITORY STATUTORY WARRANTY (in addition to the Australian Consumer Law.
Consumer regulator: Access Canberra (Fair Trading)
Consumer money claims: ACT Civil and Administrative Tribunal (ACAT)
Northern Territory
NORTHERN TERRITORY DEALER'S DUTY TO REPAIR (in addition to the Australian Consumer Law; s 168(6)(b) says nothing in s 168 derogates from ACL ss 54 and 55): Consumer Affairs and Fair Trading Act 1990 (NT) (CAFTA) Part 10, Division 5, Subdivision C, ss 168-171 (s 168 'Obligation of dealer to repair certain defects').
Consumer regulator: NT Consumer Affairs
Consumer money claims: Northern Territory Civil and Administrative Tribunal (NTCAT)
From your answers to a finished Manufacturer Rust Demand in three steps
Answer 9 quick questions
Who it’s about, what happened and what you want. Plain English, one question at a time.
We draft it for your state
Your Manufacturer Rust or Major Failure Demand: Write to the Car Maker Under the ACL is drafted to the legislation, regulator and tribunal for your state or territory, then formatted as a professional PDF. Usually ready within about five minutes.
Review, approve, sent
The draft lands in your dashboard for you to check. Nothing goes to the other party until you approve it — then we email it on your behalf and record the delivery. Two free amendments included.
Ready? Start now.
No card required until the end. No account needed to start.
Start My Manufacturer Rust Demand — $29 →$29 flat fee · You approve it before it is sent · edit it yourself any time, plus 2 redrafts
Everything about the Manufacturer Rust or Major Failure Demand: Write to the Car Maker Under the ACL
How much does the Manufacturer Rust Demand cost?
A flat $29 AUD, including GST. There is no card required to start, no subscription and no hourly rate — you see the full summary of your answers before you pay.
How long does it take?
There are 9 questions, which take a few minutes to answer. You see a full summary of your answers before you pay; your document is drafted once your payment is confirmed.
Is it sent automatically, or do I see it first?
You see it first. The draft lands in your dashboard for review; nothing goes to the other party until you approve it. Once you approve, we email it on your behalf and record the delivery.
What if I need changes?
You read the full Manufacturer Rust Demand on your dashboard before anything is sent. You can change the wording yourself or ask for a redraft, with unlimited edits and 2 redrafts included.
Does it work in my state?
Yes. The Manufacturer Rust or Major Failure Demand: Write to the Car Maker Under the ACL is drafted to the law of the state or territory the matter is in — NSW, Victoria, Queensland, WA, SA, Tasmania, the ACT and the NT — citing the right Act, regulator and tribunal or court for that state.
Should I write to the dealer or the manufacturer?
Often both. The refund or replacement remedy for a major failure is against the dealer that sold you the vehicle; the manufacturer is liable for damages and for its own warranty, and must indemnify the dealer. This letter is for the manufacturer. For the dealer, use our Vehicle Rejection Notice or Faulty Car Demand.
Can a manufacturer be made to buy the vehicle back?
The law gives you a claim against the manufacturer for damages, including the loss in value, and for breach of its warranty. A buyback is a common way manufacturers settle that claim, and the letter asks for it, but it does not promise one.
Is Claim Done a law firm?
No. Claim Done drafts documents from your answers. It is not a law firm and does not give legal advice. Your state Fair Trading or consumer affairs office and the ACCC can explain your rights for free, and Legal Aid or a community legal centre can help with a complex or high-value matter.
Other government & complaints documents
Put it in writing today.
A few quick questions and your Manufacturer Rust or Major Failure Demand: Write to the Car Maker Under the ACL is drafted for your state. No card required until the end.
Start My Manufacturer Rust Demand — $29 →