Caravan Warranty Dispute? Your Rights and How to Escalate When the Dealer Drags Their Feet

You Are Not Alone

If you are stuck in a caravan warranty dispute that has dragged on for months with no resolution, you are in very common company. In an ACCC survey of 2,270 caravan owners, 80% reported problems with their new caravan. Half of those were major failures. The ACCC received more than 1,300 caravan-related complaints over a five-year period, and the number keeps rising.

The caravan industry has been formally put on notice by the ACCC for poor treatment of consumers, and Jayco was fined in 2021 for breaching Australian Consumer Law. This is a known, widespread problem — and the law is firmly on your side.

Your Rights Under Australian Consumer Law

This is the most important thing to understand: your consumer guarantee rights exist independently of any manufacturer warranty. They do not expire when the warranty period ends.

Under the Australian Consumer Law (ACL), every product sold to consumers comes with automatic guarantees that it will:

• Be of acceptable quality — safe, durable, free from defects, and fit for purpose
• Match the description provided by the seller
• Be fit for any purpose the seller said it would be fit for

These are called consumer guarantees and they apply to caravans regardless of what the manufacturer's warranty says. Even if your warranty has technically expired, your consumer guarantee rights may still apply.

The ACCC's position: "It is reasonable to expect that a caravan that was of acceptable quality would not exhibit a major defect for several years of use" — even beyond the warranty period.

The Dealer is Responsible — Not You

Under the ACL, the supplier (the dealer you bought the caravan from) is responsible for providing remedies. They cannot send you off to deal with individual component manufacturers for fridges, chassis, or appliances. If they try to, that is potentially misleading conduct.

The dealer must coordinate all warranty repairs, regardless of which component needs fixing.

Minor vs Major Failures

How the law classifies the failure determines what you are entitled to.

Minor Failure

A problem that can be fixed and does not stop you from using the caravan. For a minor failure:

• The dealer chooses to either repair, replace, or refund
• Repairs must be done within a reasonable time
• If they fail to repair within a reasonable time, you can choose a refund or replacement

Major Failure

A problem that makes the caravan unfit for use, unsafe, or would have stopped you buying it if you had known about it. For a major failure:

• You choose — refund or replacement (the dealer does not get to choose)
• The refund must be for the full purchase price — the dealer cannot deduct for depreciation or use

Critical point: Courts have ruled that multiple minor failures can add up to a major failure if they suggest an overall unacceptable build quality — even if each individual issue seems small on its own. Extensive failures with many failed repair attempts over a prolonged period have also been classified as major.

In the Jayco case, the court found that 10 repair attempts over 15 months amounted to a major failure entitling the consumer to a full refund or replacement.

What "Reasonable Time" Means

The law requires that repairs be completed within a reasonable time. There is no specific number of days defined in the legislation — it depends on the circumstances, including:

• The nature and complexity of the repair
• Availability of parts
• Whether the dealer has had adequate opportunity to assess and fix the issue

However, 12 months of delays when the dealer agrees the work needs doing is almost certainly beyond any reasonable interpretation. If the dealer has acknowledged the faults, has had the van or access to it, and has simply not done the work — you have strong grounds to escalate.

What Happens When They Exceed Reasonable Time

If the dealer does not repair within a reasonable time, you are entitled to:

1. Have the repair done elsewhere (by an independent repairer) and recover the costs from the dealer
2. Reject the goods entirely and demand a refund or replacement

This is a powerful right. That independent quote you have already obtained is exactly the kind of evidence that supports this path.

Step-by-Step Escalation Guide

Here is the recommended sequence, from least to most formal. You should work through these in order, keeping records of everything at every stage.

Step 1: Send a Formal Letter of Demand

If phone calls and emails have not worked, put it in writing as a formal letter of demand. This is not just a complaint — it is a legal step that shows you are serious and creates a paper trail.

Your letter should include:

• The facts — when you bought the caravan, what the faults are, when you first reported them, and what the dealer has (or has not) done
• Your rights — reference the Australian Consumer Law consumer guarantees (Sections 54–56 of the Competition and Consumer Act 2010)
• What you want — specifically state the remedy you are seeking (repair within X days, or reimbursement for independent repair, or refund/replacement)
• A deadline — give them a specific date to respond (14 days is standard)
• Consequences — state that if they do not comply, you will escalate to Fair Trading, the ACCC, and/or the relevant tribunal

Send it via email and registered post so you have proof of delivery.

Step 2: Contact Your State or Territory Fair Trading Office

If the dealer does not respond adequately to your letter of demand, lodge a formal complaint with your state or territory consumer protection agency. They offer free dispute resolution services and will attempt to mediate between you and the dealer.

Fair Trading's dispute resolution is voluntary — they cannot force the dealer to act. But having a Fair Trading complaint on file adds pressure and demonstrates you have followed the proper process before escalating further.

Step 3: Report to the ACCC

Lodge a report with the ACCC at accc.gov.au. The ACCC does not resolve individual disputes, but they use reports to identify patterns and take enforcement action against repeat offenders.

Given that caravan compliance is a stated ACCC enforcement priority, your report contributes to the broader picture. If the dealer is doing this to you, they are likely doing it to others.

Step 4: Apply to Your State Tribunal

If mediation through Fair Trading does not resolve the matter, the next step is to apply to your state or territory tribunal. This is the step that gets results.

Key facts about tribunals:

• You do not need a lawyer — most people represent themselves
• Filing fees are low — typically $50–$100
• Costs risk is minimal — for claims under $15,000 at VCAT, for example, the tribunal generally cannot order you to pay the other party's legal costs, even if you lose
• The tribunal can order the dealer to repair the caravan, pay for independent repairs, provide a refund, or pay compensation for consequential losses
• Time limit: You generally have 3 years from when the problem arose to file a claim

Step 5: Get Independent Repairs Done and Recover Costs

If the dealer continues to stall even after tribunal proceedings begin, you may choose to proceed with the independent repairs using the quote you already have. Keep the following documentation:

• The original quote
• Photos of the defects before repair
• The repairer's invoice and receipt
• All correspondence showing the dealer agreed the repairs were needed but failed to act

You can then claim these costs from the dealer through the tribunal, along with any consequential losses.

What You Can Claim Compensation For

Beyond the repair costs themselves, the ACL allows you to claim compensation for reasonably foreseeable loss or damage caused by the dealer's failure to meet consumer guarantees. This can include:

• Cost of independent repairs
• Storage fees if you have been unable to sell or use the caravan
• Alternative accommodation costs if the caravan was unusable during a planned trip
• Loss of use — though tribunals are cautious about this and require solid evidence
• Towing and transport costs to and from repairers

Keep receipts and records of everything. The more documentation you have, the stronger your position.

Watch Out for These Dealer Tactics

The ACCC has identified several problematic practices in the caravan industry:

"The warranty has expired"

Consumer guarantees do not expire with the manufacturer warranty. If the caravan has a defect that should not be present given its age, price, and nature, your consumer guarantee rights still apply.

"You need to contact the component manufacturer"

Wrong. The dealer is responsible for coordinating all repairs, including third-party components like fridges, air conditioners, and chassis. They cannot offload this onto you.

"Sign this NDA and we will fix it"

Some dealers have attempted to make consumers sign non-disclosure agreements (gag orders) as a condition of performing warranty repairs. The ACCC views this practice with serious concern, and it may constitute a violation of consumer law.

"We can offer you a partial refund"

For a major failure, you are entitled to a full refund — the dealer cannot deduct for depreciation, wear, or usage. Do not accept a discounted settlement without understanding your full entitlement.

Practical Tips for Your Situation

Based on your specific situation — the dealer acknowledges the faults, agrees to fix them, but has been stalling for 12 months:

1. Send the formal letter of demand now. Reference the ACL, state that 12 months exceeds any reasonable repair timeframe, and give them 14 days to commit to a firm repair date or reimburse you for independent repairs. Mention that you have an independent quote ready.

1. Lodge with Fair Trading simultaneously. Do not wait for the letter deadline to pass. Having an active Fair Trading complaint running in parallel adds pressure.

1. Report to the ACCC. This takes 10 minutes online and contributes to industry-wide accountability.

1. If the 14-day deadline passes without action, proceed to the tribunal. The filing fee is minimal and the process is designed for everyday consumers without lawyers.

1. Consider getting the repairs done independently. You have the legal right to do this when the dealer has failed to repair within a reasonable time. Pay for the repairs, keep all documentation, and recover the costs through the tribunal.

1. Do not sign any NDA as a condition of repairs being done.

Free Legal Help

If you need advice before taking action, these services can help:

• Your state Legal Aid service — free legal advice for consumer disputes
• Community Legal Centres — clcaustralia.org.au — free, confidential legal advice
• ACCC consumer hotline — general guidance on your rights

Summary

After 12 months of waiting, you have been more than reasonable. The law is on your side. Start with the letter of demand today.

KamperHub helps caravan owners manage their vehicles, plan trips, and stay organised on the road. [Start your free trial today](https://app.kamperhub.com).

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