Statutory warranty in Queensland: class A and class B
Yes, Queensland has a dealer statutory warranty: class A (3 months or 5,000 km) for cars under 160,000 km and built 10 years or less before the sale, and class B (1 month or 1,000 km) for everything else. It sits under the Motor Dealers and Chattel Auctioneers Act 2014 and is recorded on Form 12.
- 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. 1 month or 1,000 km.
- No warranty on consigned cars (unless the owner is a licensee), sales to other licensees, motorcycles, caravans, commercial vehicles, written-off or unregistrable cars.
- Reply to a written claim within 5 business days or you are taken to accept it, then repair within 14 days.
Classes and thresholds
Queensland has no price threshold. The class depends on the odometer reading on the day of sale and the build date.
| Class | Which cars | How long (whichever comes first) |
|---|---|---|
| Class A | Under 160,000 km and built no more than 10 years before the day of sale | 3 months or 5,000 km |
| Class B | 160,000 km or more, or built more than 10 years before the day of sale | 1 month or 1,000 km |
Test a car with the statutory warranty checker, and see the QLD dealer licence guide for who must be licensed. The national comparison covers every other state.
Cars with no statutory warranty
- Motorcycles, caravans and commercial vehicles.
- Cars sold on consignment, unless the owner is a licensee.
- Sales to another licensee.
- Unregistered cars that can’t be registered in Queensland because of their design.
- Written-off vehicles.
You must tell buyers when a car has no statutory warranty: say so clearly in advertising, put a notice on the windscreen or price tag, or put signs at the main entrance. At auction, the words “No statutory warranty” must be on a sign on the vehicle.
What isn’t covered
- Tyres and tyre tubes, batteries, fitted airbags and radiator hoses.
- Lights (other than certain warning or indicator lights) and installed audio equipment.
- Paintwork and upholstery.
- Air-conditioning, under class B only.
- Accidental damage, misuse, and accessories fitted after the sale.
What the dealer must do
- Give the buyer Form 12 (“Cooling-off period and statutory warranty”) immediately before the contract is completed. It records class A, class B or no warranty (with the reason) and names the warrantor, who is the licensee that owns the car just before the buyer takes it.
- If you add a voluntary warranty, Form 12 includes the required Australian Consumer Law wording.
- When a buyer gives written notice of a defect (email is fine) before the warranty ends, tell them in writing within 5 business days whether it’s covered. Silence counts as acceptance.
- Repair an accepted defect within 14 days, unless you have a reasonable excuse.
- The warranty is extended by 1 day for each day or part day the car is out of the buyer’s hands for warranty repairs.
Consignment and trade sales
A car you sell on consignment for a private owner has no statutory warranty. If the owner is a licensee, the warranty applies and the owning licensee is the warrantor. Sales to other licensees carry no statutory warranty. Either way, an unwarranted car must be advertised as having none, and the ACL guarantees still apply to a consumer buyer.
Penalties and disputes
Failing to repair an accepted defect within 14 days carries up to 200 penalty units. Not giving Form 12 lets the buyer avoid the contract within 7 days and carries up to 200 penalty units. If you refuse a claim or don’t repair properly, the buyer can take it to QCAT, which can rule on whether the defect is covered and extend the warranty period.
Worked examples
These sample cars are sold to a consumer. Figures are samples, not real stock.
| Sample car (consumer buyer) | Age | Odometer | Price | Result |
|---|---|---|---|---|
| Sample: 2021 hatch | 5 years | 90,000 km | $15,000 | Class A: 3 months or 5,000 km, whichever comes first |
| Sample: 2019 SUV | 7 years | 140,000 km | $22,000 | Class A: 3 months or 5,000 km, whichever comes first |
| Sample: 2015 ute | 11 years | 175,000 km | $14,000 | Class B: 1 month or 1,000 km, whichever comes first |
| Sample: 2012 sedan | 14 years | 210,000 km | $5,500 | Class B: 1 month or 1,000 km, whichever comes first |
| Sample: 2011 wagon | 15 years | 190,000 km | $2,800 | Class B: 1 month or 1,000 km, whichever comes first |
How it works with the Australian Consumer Law in Queensland
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.