Your rights when you buy a used car from a dealer

29 Sept 2026

Buying a used car from a licensed dealer gives you protections a private sale doesn't. Some apply everywhere in Australia; others depend on the state. Queensland's rules are set out separately below. This is general information, not legal advice.

Consumer guarantees: everywhere in Australia

Under the Australian Consumer Law, a used car you buy from a dealer must:

be of acceptable quality, judged against things like its age, kilometres, price and condition
match the description you were given
be fit for any purpose you told the dealer about before you bought it
come with clear title, free of any undisclosed debt secured over it

No sign, contract or warranty can take these guarantees away. If a car fails one, your remedy depends on how serious the problem is. For a minor problem, the dealer must fix it free of charge, and can choose to offer a replacement or refund instead. For a major one, you can generally choose a refund or a replacement, or keep the car and be compensated for the drop in its value.

The ACCC notes that most consumer guarantees don't apply to used cars bought privately or at auction.

In Queensland: the statutory warranty

On top of the consumer guarantees, most used cars bought from a licensed motor dealer in Queensland come with a statutory warranty at no extra cost. The class depends on the car's odometer reading and its built date (the date on its build or ID plate, not the model year) on the day of sale:

Class	Which cars	How long it lasts
Class A	Under 160,000 km and built no more than 10 years before the sale	3 months or 5,000 km, whichever comes first
Class B	160,000 km or more, or built more than 10 years before the sale	1 month or 1,000 km, whichever comes first

Some vehicles have no statutory warranty, including motorcycles, caravans, commercial vehicles, cars sold on consignment for an owner who isn't a licensed dealer, and some unregistered or written-off vehicles.

Some parts aren't covered, including tyres, batteries, fitted airbags, radiator hoses, spark plugs, wipers and filters, and, for Class B cars, the air conditioning. Nor is damage from an accident or from your own misuse or negligence, or anything you fit to the car after you buy it.

To claim, tell the dealer about the defect in writing before the warranty ends. The dealer then has 5 business days to decide whether to fix it under the warranty; if it doesn't answer in that time, it can't refuse. The warranty is extended by a day for each day the car is with the dealer for repair.

In Queensland: the cooling-off period

When you buy a used car from a licensed dealer in Queensland, you get a cooling-off period of 1 business day, counted in the dealer's trading days. It ends at 5pm on the dealer's next business day, or at its usual closing time if it closes before 5pm. If the dealer doesn't give you the cooling-off form before you sign, the period is 7 days instead of 1.

To cancel, tell the dealer in writing (by hand or email) within the period.
The dealer can take a non-refundable deposit of up to $100 during the cooling-off period, and may keep it if you cancel.
You lose the right if you drive the car away during the period. A test drive, or taking it to an independent mechanic for an inspection, doesn't count.
It doesn't apply to some sales, including consignment and auction sales, commercial vehicles, caravans and some unregistered vehicles.

In Queensland: clear title

A licensed dealer must make sure you get clear title to the car, meaning no one else, such as a lender, has a claim on it once it's yours. You can check for yourself with a $2 PPSR search; our guide to checking a used car's history shows how.

Other states

New South Wales and Victoria also give a dealer warranty on many used cars (3 months or 5,000 km for cars under 10 years old with under 160,000 km), but their cooling-off rules differ from Queensland's. Buying in another state? Check with its fair trading or consumer affairs office.

Extended warranties are extra, not instead

A dealer may also offer an extended warranty. It can add cover, but it can't replace or reduce the rights above. Before you take one, ask who provides it, what it covers, what it costs and how claims work. Warranty options are available on our cars; ask us about them for the car you're looking at.

If something goes wrong

Talk to the dealer first. Explain the problem and what you'd like done, in writing for a statutory warranty claim.
Keep records: the contract, the warranty notice, receipts, photos and messages.
Still stuck? In Queensland, the Office of Fair Trading can help resolve complaints about motor dealers free of charge, and the Queensland Civil and Administrative Tribunal (QCAT) hears motor vehicle disputes.

Buying from us

We're a licensed motor dealer selling from the Gold Coast, and the consumer guarantees above apply when you buy a car from us. Our cars also come with a safety certificate, a clear title and a clean PPSR check. Our Buying from us page sets out how we sell. Questions about a particular car? Ask us before you buy.

Checked against the sources below in September 2026.