Statutory warranty in WA: price, age and km limits
Yes. In Western Australia a car bought from a licensed dealer for $4,000 or more gets a statutory warranty if it is not more than 12 years old and has not travelled more than 180,000 km. Cars up to 10 years and 150,000 km get 3 months or 5,000 km; the rest get 1 month or 1,500 km.
- Cars must cost $4,000 or more (cash price including GST); motorcycles $3,500 or more.
- Up to 10 years and 150,000 km: 3 months or 5,000 km. Up to 12 years and 180,000 km: 1 month or 1,500 km.
- Age runs from the compliance plate date (if the plate shows only a month and year, from the first day of the next month). Time in your workshop doesn’t count.
- Give Form 5A (warranty) or Form 6 (no warranty) before the contract is signed.
Classes and thresholds
| Car at sale ($4,000 or more) | Statutory warranty (whichever comes first) |
|---|---|
| Not more than 10 years old and not more than 150,000 km | 3 months or 5,000 km |
| Over 10 but not more than 12 years, or over 150,000 but not more than 180,000 km | 1 month or 1,500 km |
| Over 12 years or over 180,000 km | None (ACL still applies) |
| Under $4,000 | None (ACL still applies) |
Motorcycles need a price of $3,500 or more, and must be no more than 8 years old and 80,000 km. The warranty periods don’t include time the car is with you for warranty repairs.
Test a car with the statutory warranty checker, and see the WA dealer licence guide for who must be licensed. The national comparison covers every other state.
Vehicles and defects not covered
- Buses and vehicles licensed to carry nine or more people, trucks, single-row utes and panel vans built for goods.
- Off-road motorbikes, quad bikes and other multi-wheeled open vehicles.
- Caravans, trailers and camper trailers.
- Cars auctioned on behalf of a private seller.
- Defects listed on a properly completed Form 5, displayed before the buyer negotiates, with an accurate description and repair estimate and a signed copy to the buyer. If you understate the repair cost, you pay the shortfall.
- Routine servicing, and damage from an accident or misuse.
What the dealer must do
- Repair or make good all defects that make, or are likely to make, the car unroadworthy or unserviceable, so it is roadworthy and in reasonable condition for its age.
- Give the buyer Form 5A (information statement for a car covered by warranty) at the time of sale, before both parties sign the contract.
- Use Form 6 (information statement for a car not covered by warranty) when the warranty doesn’t apply.
Consignment and trade sales
WA Consumer Protection says cars auctioned for a private seller carry no statutory warranty. Its pages don’t address cars sold to another dealer or private consignment sales outside an auction, so check with WA Consumer Protection.
Penalties
A dealer who doesn’t meet warranty obligations can be referred to the State Administrative Tribunal, which can suspend or disqualify a dealer from holding a licence.
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 | Full warranty: 3 months or 5,000 km, whichever comes first |
| Sample: 2019 SUV | 7 years | 140,000 km | $22,000 | Full warranty: 3 months or 5,000 km, whichever comes first |
| Sample: 2015 ute | 11 years | 175,000 km | $14,000 | Reduced warranty: 1 month or 1,500 km, whichever comes first |
| Sample: 2012 sedan | 14 years | 210,000 km | $5,500 | No statutory warranty |
| Sample: 2011 wagon | 15 years | 190,000 km | $2,800 | No statutory warranty |
How it works with the Australian Consumer Law in WA
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.