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Statutory warranty in SA: the dealer’s duty to repair

Yes. South Australia calls it the duty to repair: a used car sold by a dealer for more than $6,000 is covered for 3 months or 5,000 km, and one sold for $3,001 to $6,000 for 2 months or 3,000 km. Cars first registered more than 15 years earlier or driven more than 200,000 km, and cars sold for $3,000 or less, have no duty to repair but must be roadworthy.

Written by
TradeBeat, a licensed QLD motor dealer
Last reviewed
Applies to
South Australia
The short version
  • Over $6,000: 3 months or 5,000 km. $3,001 to $6,000: 2 months or 3,000 km. $3,000 or less: roadworthy only.
  • No duty to repair if first registered more than 15 years before the sale or driven more than 200,000 km.
  • From 1 September 2025 buyers can’t waive the duty, and it covers hybrid and EV main propulsion batteries.
  • Motorcycles, sales to another dealer, and auction sales on behalf of a non-dealer are excluded.

Classes and thresholds

SA is the only state where the sale price sets the length of cover. Age is counted from the year of first registration.

Sale priceDuty to repair (whichever comes first)
$3,000 or lessNo duty to repair, but the car must be roadworthy at the time of sale
$3,001 to $6,0002 months or 3,000 km
Over $6,0003 months or 5,000 km

The SA Law Handbook says there is no duty to repair (beyond roadworthiness) if the car was first registered more than 15 years before the sale or has been driven more than 200,000 km. Form 3 words it the other way round: the duty applies if the year of first registration is less than 15 years ago or the car has been driven less than 200,000 km. Read literally, those differ when only one limit is exceeded, so check that case with Consumer and Business Services.

Test a car with the statutory warranty checker, and see the SA dealer licence guide for who must be licensed. The national comparison covers every other state.

What’s excluded

  • Motorcycles.
  • The sale of a vehicle to another dealer.
  • Cars sold by auction, or straight after an auction, on behalf of someone who isn’t a dealer. If a car is auctioned on behalf of a dealer, that dealer carries the duty.
  • From 1 September 2025, defects you disclosed on the prescribed form and the buyer acknowledged, provided the car is roadworthy.

What the dealer must do

  • Attach a Section 16 notice (Form 1) to the car while it is offered for sale.
  • Give the buyer the notice to purchaser (Form 3), which confirms the Section 16 details and explains the duty to repair, before handover.
  • Don’t ask the buyer to waive the duty. Waivers stopped on 1 September 2025.
  • Repair the main propulsion battery of prescribed hybrid and electric vehicles within the warranty period, as part of the duty from 1 September 2025.
  • Use the renewed forms. The transition period for the September 2025 forms ended on 1 March 2026.

Consignment and trade sales

The duty to repair doesn’t apply to the sale of a vehicle to a dealer, so a trade sale carries none (use the Dealer Sale form instead). Where a car is offered for sale on behalf of another dealer, the CBS form says that other dealer is liable for the repairs. The official pages we checked don’t address private consignment, so check with Consumer and Business Services.

Penalties

Higher penalties started on 1 July 2025. Winding back an odometer now carries up to $150,000, and unlicensed dealing up to $250,000 or 2 years’ imprisonment for an individual and $500,000 for a company. We couldn’t confirm a penalty for failing to meet the duty to repair itself; a buyer enforces it against the dealer. Check the current Second-hand Vehicle Dealers Act 1995 or ask Consumer and Business Services.

Worked examples

These sample cars are sold to a consumer. Figures are samples, not real stock.

Sample car (consumer buyer)AgeOdometerPriceResult
Sample: 2021 hatch5 years90,000 km$15,000Duty to repair: 3 months or 5,000 km, whichever comes first
Sample: 2019 SUV7 years140,000 km$22,000Duty to repair: 3 months or 5,000 km, whichever comes first
Sample: 2015 ute11 years175,000 km$14,000Duty to repair: 3 months or 5,000 km, whichever comes first
Sample: 2012 sedan14 years210,000 km$5,500No duty to repair (confirm)
Sample: 2011 wagon15 years190,000 km$2,800No duty to repair

How it works with the Australian Consumer Law in SA

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.

Questions dealers ask

How long is the used car warranty in SA?

3 months or 5,000 km if the car sells for over $6,000, or 2 months or 3,000 km for $3,001 to $6,000.

Is there a warranty on a car under $3,000 in SA?

No duty to repair, but the dealer must sell it roadworthy, and the ACL guarantees still apply.

Can a buyer waive the duty to repair in SA?

Not since 1 September 2025.

Does the SA warranty cover EV batteries?

Yes. From 1 September 2025 it extends to the main propulsion battery of prescribed hybrid and electric vehicles.

Do cars over 200,000 km have a duty to repair in SA?

The SA Law Handbook says no, beyond being roadworthy, and the same for cars first registered more than 15 years before the sale. Form 3 words the test differently, so if only one limit is exceeded, check with Consumer and Business Services.

Is there a duty to repair on a sale to another dealer in SA?

No. The Act says the duty doesn’t apply to the sale of a vehicle to a dealer.

Sources

Rules and fees change. Check the official source before you rely on anything here; this guide is general information, not legal advice.

  1. CBS: Form 3, Notice to purchaser (September 2025)
  2. CBS: Protecting second-hand vehicle buyers
  3. SA.GOV.AU: Forms and fact sheets for second-hand vehicle sales
  4. Second-hand Vehicle Dealers Act 1995 (SA)
  5. CBS: Dodgy car dealers on notice as tough new penalties set to kick in
  6. Law Handbook (SA): Second-hand motor vehicles
  7. ACCC: Consumer rights and guarantees
  8. ACCC: Warranties against defects

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