Your rights when you buy

Before you sign a contract for a used car, we give you the Queensland Form 12 (“Cooling-off period and statutory warranty”). It states, for the car you are buying, whether it has a statutory warranty, which class, and whether a cooling-off period applies. If this page and the Form 12 differ, the Form 12 for your car is what applies.

A licensed Queensland motor dealer must warrant that a used car is free from defects when you take possession and for the warranty period, and must repair covered defects at no cost to you. There are two classes:

Not covered by a statutory warranty: motorcycles, caravans, commercial vehicles, cars sold on consignment (unless the owner is a licensed dealer), and unregistered cars that can’t be registered in Queensland or are written off. A restorable car (over 20 years old, sold for restoration) can be sold without a statutory warranty if the buyer chooses to waive it. The dealer must tell you if a car has no statutory warranty.

Both classes leave out defects in: tyres and tubes, batteries, fitted airbags, radiator and heater hoses, most lights (warning lights and hazard indicators are covered), installed audio equipment, aerials, spark plugs, distributor points, wiper rubbers, oil and oil filters, fuel and air filters, and paintwork or upholstery that should have been apparent on a reasonable inspection. Class B also leaves out air conditioning.

It also doesn’t cover damage from an accident, from misuse or negligence, or from anything fitted after you bought the car.

Tell us in writing about the defect before the car is repaired. We then have 5 business days to tell you in writing whether we will fix it under the warranty. If we don’t reply in time, we can’t refuse. You bring the car to us or to a qualified repairer we nominate in writing, and the repair is due within 14 days unless there is an acceptable reason.

The warranty is extended by one day for each day the car is with us for repair. If we can’t agree, you can take the claim to the Queensland Civil and Administrative Tribunal (QCAT).

Most used cars bought from a licensed Queensland dealer have a one-day cooling-off period. It does not apply to new cars, cars sold at auction, commercial vehicles, caravans, or unregistered cars that can’t be registered in Queensland or are for wrecking. It also ends if you take permanent possession of the car.

It ends at the dealer’s close of business on the next business day, if that is 5pm or later, otherwise at close of business on the business day after. To cancel you give us written notice before it ends. You can lose up to $100 if you cancel, and every other dollar you paid is refunded. The Form 12 shows the exact times for your purchase.

Separately, the Australian Consumer Law gives you consumer guarantees on a car you buy for personal use. The car must be of acceptable quality, match its description, be fit for the purpose you told us about, and come with clear title. These apply for a reasonable time after sale, even if the statutory warranty has run out or didn’t apply, and can’t be signed away. If a guarantee isn’t met, you may be entitled to a repair, replacement, refund or compensation.

This is a summary of the Queensland Government’s guidance on guarantees and warranties for second-hand vehicles and Form 12 (Motor Dealers and Chattel Auctioneers Act 2014, version effective 1 September 2019), checked on 8 November 2026. It isn’t legal advice. For help, contact the Office of Fair Trading on 13 74 68.