It is best to try to resolve any complaint by talking directly to the builder or tradesperson, and if that is unsuccessful, to put the complaint and possible solutions to the business in writing. Ask for a response within a reasonable time frame and to give the business an opportunity to fix the problem.

Consumer and Business Services (CBS) has suggestions about the best way to approach the trader on their website, which includes a sample letter of complaint.

CBS can assist with complaints about goods and services that were advertised and purchased or provided in South Australia for personal use and there is no court action underway in relation to them.

Consumers who have tried to resolve the dispute themselves and have been unsuccessful can contact CBS and explain the steps they have already undertaken.

If CBS accept a consumer's request for assistance, a CBS case officer may:

If the consumer and business are unable to reach an agreement to resolve the matter, the Commissioner for Consumer Affairs can call for a compulsory conciliation conference to take place before any other legal action. The commissioner will decide whether the conference will take by telephone, video conferencing or in person. Both parties must attend. Businesses can be fined up to $10,000 for failing to attend a conference [Fair Trading Act 1987 (SA) s 8A(4)].

If the consumer and business reach a written agreement, the business must comply with the terms of the agreement. If the business does not comply, the consumer or the commissioner can apply to the Magistrates Court to enforce the agreement [s 8A(7)].

If the consumer and business cannot reach an agreement, CBS will stop the conciliation conference. The CBS case officer may provide advice about other options if the consumer wants to take the matter further.