Statutory warranty on used cars: the rules in every state
All eight states and territories make licensed dealers warrant some used cars, but the age, odometer and price limits and the length of cover differ in each. On top of that, the Australian Consumer Law guarantees apply to every used car a dealer sells to a consumer, with no fixed time limit.
- Every state and territory has a dealer warranty on some used cars. Most cover 3 months or 5,000 km, whichever comes first.
- The limits differ: 160,000 km and 10 years in QLD (class A), NSW, VIC, ACT and NT; 120,000 km and 7 years in TAS; price based in SA and WA.
- Private sales never carry a state warranty. Auction, trade and commercial vehicle rules vary by state.
- The ACL consumer guarantees apply on top, can’t be excluded, and outlast any state warranty.
Pick your state
State by state comparison
The table shows the warranty for a passenger car sold by a licensed dealer to a consumer. Use the statutory warranty checker to test a specific car, then open the state page for exclusions, forms and notices.
| State | Dealer warranty? | Which cars | How long (whichever comes first) |
|---|---|---|---|
| QLD | Yes (class A and class B) | Class A: under 160,000 km and built 10 years ago or less. Class B: everything else | A: 3 months or 5,000 km. B: 1 month or 1,000 km |
| NSW | Yes (dealer guarantee) | Under 10 years old and under 160,000 km | 3 months or 5,000 km |
| VIC | Yes | Under 10 years old and under 160,000 km | 3 months or 5,000 km |
| WA | Yes (two tiers) | $4,000 or more. Up to 10 years and 150,000 km, or up to 12 years and 180,000 km | 3 months or 5,000 km, or 1 month or 1,500 km |
| SA | Yes (duty to repair) | Over $3,000, first registered 15 years ago or less, 200,000 km or less | $3,001 to $6,000: 2 months or 3,000 km. Over $6,000: 3 months or 5,000 km |
| TAS | Yes | Under 7 years and under 120,000 km | 3 months or 3,000 km |
| ACT | Yes | 10 years or less since manufacture and 160,000 km or less | 3 months or 5,000 km |
| NT | Yes (can be waived on a witnessed form) | 10 years or less and 160,000 km or less | 3 months or 5,000 km |
Motorcycles have their own limits in several states, and some states exclude commercial vehicles or cars sold at auction. Check the state page before relying on the table for anything other than a passenger car.
What a statutory warranty makes you do
In every state the idea is the same: if a covered defect appears within the time or distance limit, you repair it at your cost so the car is in reasonable condition for its age. The buyer can’t be charged for a covered repair. Several states stop the clock while the car is with you for warranty work.
- Tell the buyer, in writing, whether the car has a warranty. Each state has its own notice or form (QLD Form 12, WA Form 5A or Form 6, SA Form 1 and Form 3, TAS pre-sale disclosure statement).
- List known defects the right way if your state lets you exclude them (NSW, VIC, WA, SA and the ACT do, using the prescribed notice or form).
- Answer warranty claims on time. In QLD you have 5 business days to reply or you are taken to accept the claim.
What’s usually excluded
- Damage after delivery from an accident, misuse or negligence.
- Wear items. QLD, VIC and TAS name tyres and batteries; TAS also names brake linings, pads, drums and discs.
- Defects you listed on a valid defect notice, where your state allows it.
- Accessories fitted after the sale, and superficial paint or upholstery damage that was obvious on inspection (named in QLD, NSW and the ACT).
How the Australian Consumer Law fits in
The Australian Consumer Law (ACL) consumer guarantees apply to every used car a dealer sells to a consumer, on top of any state warranty. They cover goods under $100,000 (including GST), and vehicles used mainly to carry goods whatever the price. The car must be of acceptable quality, judged on its age, price and condition, and must match its description.
The guarantees have no fixed time limit and you can’t contract out of them. A state warranty that has expired, or never applied, doesn’t end them. Private sales sit outside most of the guarantees, though private sellers still guarantee clear title, undisturbed possession and no undisclosed securities.
If you also give a voluntary or extended warranty, the ACL treats it as a warranty against defects. The document must carry the mandatory text that starts “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law”, and it adds to the guarantees rather than replacing them.
The ACCC’s December 2025 report on second-hand cars notes there is currently no penalty for failing to give a consumer guarantee remedy, and says the government will develop changes to add one. State warranty breaches, by contrast, can already lead to tribunal orders and licence action.
Consignment, auctions and trade sales
The states treat these differently, so check the state page. QLD gives no warranty on a consigned car unless its owner is a licensee, and none on sales to other licensees. NSW, VIC, SA, TAS and NT exclude trade sales; for WA and the ACT, check with the regulator. VIC excludes cars sold at public auction, SA excludes auction sales on behalf of a non-dealer, and NSW lets a dealer auctioning a car attach a notice saying the guarantee doesn’t apply.