There are different types of guarantees and warranties that may apply when you buy a vehicle from a licensed motor dealer or auctioneer in Queensland.
Statutory warranty for used vehicles
In certain circumstances, you are entitled to warranty at no extra cost when you purchase a second-hand vehicle. This is referred to as Statutory Warranty, which protects the consumer from financial loss if the vehicle is faulty.
There are two types of statutory warranty: ‘class A’ and ‘class B’.
‘Class A’ statutory warranty
A ‘Class A’ statutory warranty applies when the vehicle:
- Has an odometer reading of less than 160,000km on the day of its sale; and
- The date of manufacture is less than 10 years before the day of its sale
The warranty expires after three months or the first 5,000km, whichever occurs first.
‘Class B’ statutory warranty
A ‘Class B’ statutory warranty applies when the vehicle:
- Has an odometer reading of 160,000km or more on the day of its sale; and
- The date of manufacture is more than 10 years before the day of its sale
The warranty expires after one month or the first 1,000km, whichever occurs first.
What is covered?
Your statutory warranty should cover most defects. Your vehicle has a defect if a part does not do what it is supposed to do or has worn out so much that it no longer works.
Statutory warranty does not cover defects in:
- Tyres or tyre rubes, batteries, fitted airbag, or radiator hoses
- Lights (other than a warning light or a turn indicator light used as a hazard light)
- Installed radio, tape recorder or CD player
- Aerial, sparkplug, wiper rubber, distributor point, oil or oil filter, heater hose, fuel or air filter
- Paintwork or upholstery
- Air conditioning (‘class B’ statutory warranties)
It also will not cover accidental damage due to your negligence or misuse, or anything that has been fitted to your vehicle after the time of sale.
Vehicles with no statutory warranty
A vehicle does not have a statutory warranty if:
- It is a motorcycle, caravan, or commercial vehicle
- It is being sold on consignment for a private seller (not another licensee)
- Cannot be registered due to its design
- It is on the ‘written-off’ vehicle register
- Is more than 20 years old and sold be restored.
Dealers and auctioneers must advise you if a vehicle does not come with a statutory warranty. They can do this by clearly stating it in advertisements, putting a notice on the windshield or price tag, placing signs at the entrance of the dealership, or giving you a notice.
Consumer Guarantees
Consumer guarantees provide certain assurances when you buy goods and services, including vehicles and trailers. They will apply for a reasonable amount of time after you buy the vehicle and offer protection regardless of what other types of warranty apply or have run out. The amount of time a consumer guarantee applies varies from vehicle to vehicle and is dependent on the price and quality of the specific vehicle.
What they promise
Consumer guarantees offer assurance that the vehicle you buy:
- Is of acceptable quality
- Matches any descriptions provided
- Is fit for the purpose that you made known to the business before buying
- Is legally available for the business to sell
- Comes with the right for you to own and use it
- Does not have any undisclosed money on it
- Will have spare parts and repairs available for a reasonable time
- Will live up to any other promise that the business makes about its quality, condition, performance, or characteristics.
To find up to date information on both statutory warranty and consumer guarantees, as well as how to make a claim or get the defects repaired, refer to the Queensland government website HERE.
Buying used cars privately
It is important to take extra caution when buying vehicles privately as the seller is not bound by consumer guarantees and you will not get a statutory warranty. You will also not receive after-sale extended warranties or the normal protection of the cooling-off period.
Before you buy a used car privately you should check its history for any problems that could put you and your money at risk.
Visit MTA Queensland’s Car Advice to find out what secrets a used car could be hiding.
Deal with someone you can trust
The Motor Trades Association of Queensland (MTA Queensland) is the peak body representing the interests of employers in the retail, service, and repair sectors of Queensland’s automotive industry. Look for members displaying the MTA Queensland logo to provide reassurance that you are dealing with someone you can trust.
Find an MTA Queensland member HERE.
3 February 2022
Please note the information contained on this page is general in nature and does not take into account your specific needs or circumstances. You should consider whether the information is appropriate to your needs, and where appropriate, seek professional advice.