Financial loss caused by a motor dealer
If you have suffered a financial loss because of the actions of motor dealers, auctioneers or their employees, you may make a claim against the Claim Fund.
You can make a claim relating to a used motor vehicle if the dealer, auctioneer or their employee:
- did not properly deal with trust money
- did not guarantee clear title on a used motor vehicle, for example the used motor vehicle you purchased was encumbered or stolen
- bought a used motor vehicle that you placed on consignment with them, without disclosing their financial interest in the transaction
- did not return the refundable deposit or trade-in vehicle under the 24 hour cooling-off period provision
- if you are financially disadvantaged because you avoided the contract, that is, they did not give you the cooling-off notice immediately before you signed the contract
- misrepresented a used motor vehicle in some way, such as the make or model, year of manufacture or distance travelled
- stole or misused property or money you give them as agent for someone else, for example, they did not forward the stamp duty and transfer fees to Queensland Transport.
To lodge a claim, contact the Office of Fair Trading who will investigate your case and then refer it to QCAT.
Any description of QCAT's jurisdiction on this website is general information only and is not intended to precisely define the types of applications that QCAT has the power to decide. QCAT's jurisdiction is determined by the relevant legislation. If you are unsure about your legal rights you should seek legal advice. Any actions taken to resolve your dispute should be determined by your individual circumstances.