Buy a used car from a licensed dealer and you usually get a statutory warranty on top of your Australian Consumer Law rights. Buy the same car privately and most of that protection falls away. The rules also change at every state border, from warranty length to whether you can cool off at all.
This guide sets out the used car statutory warranty and cooling-off rules in each state and territory, checked against official government sources in October 2026. It is general information, not legal advice.
Dealer, private seller or auction: who has to fix what
Cars bought from a dealer come with consumer guarantees, such as acceptable quality. The ACCC's guidance on new and second-hand cars says most used cars from dealers also carry a state or territory statutory warranty on top.
A private sale is different. Under the ACCC's consumer guarantee rules, most guarantees do not apply to a one-off sale by someone who is not in business. Only title, undisturbed possession and no hidden debts or charges remain, and the same three apply at a traditional auction, where the auctioneer acts as the seller's agent.
Auctions vary by state. Queensland requires licensed auctioneers to give a statutory warranty unless the car is exempt. In Western Australia, a car auctioned for a private seller has none, and South Australia's warranty does not cover auction purchases.
For ex-fleet stock, such as BYD fleet cars sold through Pickles, check who the seller is and read the auction terms before bidding.
Used car statutory warranty in each state
These are the rules for ordinary passenger cars bought from licensed dealers, as of October 2026. In every state and territory, the warranty ends at its time or distance limit, whichever comes first. Motorcycles, commercial vehicles and some other categories differ.
New South Wales: 3 months or 5,000 km for a car under 10 years old with under 160,000 km. NSW calls this a dealer guarantee.
Victoria: 3 months or 5,000 km for a car up to 10 years old with under 160,000 km, bought from a licensed motor car trader.
Queensland: Class A cover of 3 months or 5,000 km applies under 160,000 km when the car was built no more than 10 years before the sale. Older or higher-kilometre cars get Class B cover of 1 month or 1,000 km.
South Australia: cars under 15 years old, under 200,000 km and sold for more than $3,000 are covered. The period depends on the price: 2 months or 3,000 km from $3,001 to $6,000, and 3 months or 5,000 km above $6,000.
Western Australia: cover starts at a $4,000 purchase price. Cars up to 10 years old with up to 150,000 km get 3 months or 5,000 km. Cars outside that band but no more than 12 years old and 180,000 km get 1 month or 1,500 km, and older or higher-kilometre cars get none.
Tasmania: 3 months or 3,000 km for a car under 7 years old with under 120,000 km.
ACT: 3 months or 5,000 km for a car up to 10 years old with up to 160,000 km, under schedule 1 of the Sale of Motor Vehicles Act 1977.
Northern Territory: 3 months or 5,000 km for a car under 10 years old with under 160,000 km. A buyer can sign it away on a Form 12, which must be witnessed by NT Police or an authorised Consumer Affairs officer. Think hard before signing one, even for a lower price.
As of October 2026, the used cars in Victoria on Carseekers come from Victorian dealer stock, so start with the Victorian rules. Interstate buyers should ask the dealer in writing which rules apply to their contract.
Cooling-off periods: where you can change your mind
Cooling-off lets you cancel a signed contract, usually for a fee. As of October 2026:
Victoria: three clear business days after signing with a licensed trader, lost if you accept delivery during that time. The trader can keep $100 or 1% of the price, whichever is greater. Company purchases and commercial vehicles are excluded.
New South Wales: only when the dealer provides or arranges your finance, known as linked credit. The period ends at 5pm on the next day the dealer is open. If the dealer closes before 5pm that day, it runs until closing time on the following day the dealer is open, so check the dealer's trading hours. Cancelling costs $250 or 2% of the price, whichever is less, and signing the prescribed form waives the right.
Queensland: one business day from a licensed dealer, usually ending at 5pm on its next business day, and lost if you drive the car away (a test drive or independent inspection does not count). The dealer can keep up to $100 of your deposit, and you get 7 days if it did not give you the approved form before you signed. Auction, consignment and commercial vehicle sales are excluded.
South Australia: two clear business days for a used car from a dealer, including demonstrators, with Saturdays counted as business days. The dealer may keep 2% of the price or $100, whichever is less. Waiving it takes a signed form witnessed by someone not involved in the sale.
ACT: three clear business days after signing (section 25B of the Act). The dealer keeps $100 or 1% of the price, whichever is greater, and the right ends if you sign the approved form immediately before accepting delivery. Commercial vehicles, public auction purchases and purchases by a corporation are excluded.
Western Australia, Tasmania and the Northern Territory: no cooling-off period. In WA, a dealer can charge pre-estimated damages of up to 5% of the price if you cancel after signing. Tasmania and the Northern Territory have no statutory cooling-off right, although an NT dealer cannot keep more than 10% of the price if you cancel.
Wherever you buy, get the inspection and the finance answer before you sign.
What statutory warranty does not cover
Statutory warranty covers most defects, with carve-outs. Queensland's list excludes tyres, batteries, airbags, radiator and heater hoses, most lights, filters, wiper rubbers, paintwork and upholstery, plus air conditioning under Class B.
Tasmania excludes brake linings, pads, drums and discs, several clutch parts, tyres and batteries, plus faults from missed servicing, unauthorised repairs or later modifications.
For hybrids and EVs, the ACT Act excludes batteries but not the high-voltage drive battery. South Australia's regulator says the main battery in an electric or hybrid car is now covered by the dealer's warranty. Queensland's, Tasmania's and WA's lists exclude batteries without separating out a drive battery, so ask the dealer to confirm in writing how it is treated.
Dealers can also exclude known faults by listing them. Victoria uses an Existing Defects Notice. In NSW, a dealer notice can list defects with an estimated repair cost, but items that make the car unsafe, such as tyres or brakes, cannot be excluded. Anything on that list is yours to fix, so price it in.
How to make a warranty claim
Tell the dealer about the fault in writing as soon as you find it, and keep copies. In Tasmania, a repair claim must be made within 7 days of finding the fault, unless the contract or an additional warranty allows longer, or within 7 days of being told the manufacturer has refused to repair it under its warranty.
In Queensland, the dealer has 5 business days to say whether it will repair the defect and must generally fix it within 14 days. The warranty is extended by a day for each day the car is in for repair.
Consumer guarantees under the national Australian Consumer Law can also outlast any statutory warranty, for a reasonable time that depends on the car's price and quality.
Start with the selling dealer: the ACCC says a dealer must not send you to the manufacturer for a consumer guarantee remedy.
Still stuck? Contact your state or territory consumer agency. South Australia offers an online disputes advice form and conciliation. NSW runs a compensation fund as a last resort, including when a dealer fails to meet the dealer guarantee. Claims are due within 18 months of the loss, or 12 months after a court or tribunal decision on it, and the maximum payment is $100,000.
Buying privately: the checks are on you
With no statutory warranty or dealer cooling-off, verify everything before paying. Run a PPSR search with the VIN on the day you buy or the day before. As of October 2026 it costs $2 online.
It shows whether a security interest is recorded against the car and usually whether the car is recorded as written off or stolen. It does not show ownership history, the odometer reading or unpaid fines, so add an independent inspection and check that the registration papers match the seller and the car.
If you are borrowing, confirm the lender will fund a private sale before you commit. Loanseekers' private-sale finance and PPSR guide covers the safe order for payment and transfer, and Loanseekers can help you compare car loan options. Approval and terms depend on the lender's assessment.
What to ask a dealer before you sign
Ask which statutory warranty applies to this car, get the answer in writing and read the paperwork your state requires. In Victoria, that is the Notice of Particulars on the window, which you sign. In NSW, ask for the dealer notice and eSafety inspection report.
Queensland dealers must give you the cooling-off and statutory warranty form before you sign. In South Australia, read the Form 1 window notice. In WA, ask for the information statement on the warranty, and in Tasmania the contract should include the Pre-sale Disclosure Statement.
Shortlisting from the current used-car collections? Take these questions to each dealer and confirm the car's details and availability before relying on a listing.
The finer details
Your questions answered.
Does a demo car get the used car statutory warranty?
In NSW, demonstration cars are classed as used cars, so the dealer guarantee applies if the car is under 10 years old with under 160,000 km. A demo registered for test drives must be sold with a Form 5, which can affect both the dealer guarantee and the manufacturer's warranty. In other states, ask the dealer in writing which cover applies before you sign.
What happens to my trade-in if I cancel during the cooling-off period?
In NSW and the ACT, the dealer must not sell or dispose of your trade-in during the cooling-off period and must return it if you cancel. Queensland's rules also require the dealer to return the trade-in. Consumer Affairs Victoria suggests keeping your old car until the new one is ready for delivery.
Is an extended warranty worth buying on a used car?
It is optional and usually costs extra. The ACCC says an extended warranty may or may not add anything to your consumer guarantees and statutory warranty, and NSW Fair Trading notes some require all servicing at the dealer. Read the exclusions and conditions, and weigh the price against cover you already have.
Do I have any protection on an older or cheaper car from a dealer?
Yes. Consumer guarantees still apply to a dealer sale even when no statutory warranty does, although acceptable quality depends on what is normally expected for that type of car and its price. South Australian dealers must sell roadworthy cars, and in the NT a registered car outside the warranty limits must still be roadworthy when sold.
Do I need a PPSR check if I buy from a licensed dealer?
It is less critical than in a private sale. The PPSR says buyers from a licensed motor vehicle dealer are generally protected from repossession even if a security interest was registered, and state laws may add protection. The PPSR adds that you may still want to search, and as of October 2026 an online search costs $2.