Dealer guarantees and warranties
When you buy a new or used vehicle from a dealership, it's important to know about the warranties and dealer guarantees that can protect you and your vehicle.
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Key information
Most new and used vehicles purchased from a licensed motor dealer are covered by a warranty.
Warranties are based on the consumer guarantees provided under Australian Consumer Law and additional dealer guarantees may apply under the Motor Dealers and Repairers Act 2013.
Consumer guarantees for the supply of goods
Australian Consumer Law requires that goods supplied by businesses to consumers are of 'acceptable quality,' this means goods must:
- be safe and lasting
- look acceptable
- do all the things someone would normally expect them to do.
When working out what is 'acceptable quality' for a vehicle, what is normally expected for the type of vehicle and how much it costs, are taken into account. Goods must also:
- match descriptions made by the salesperson and in promotions or advertising
- match any demonstration model or sample you asked for
- be fit for purpose - this will include what the seller told you it would be fit for and for any purpose that you made known to the seller before purchase
- come with full title and ownership
- not carry any hidden debts or extra charges
- come with undisturbed possession, so no one has a right to take the goods away or prevent you from using them
- meet any extra promises made about performance, condition and quality
- have spare parts and repair facilities available for a reasonable time after purchase unless you were told otherwise.
Dealer guarantees
A dealer guarantee takes into account the condition of the vehicle and its age when you purchase it.
The dealer guarantee does not include caravans and trailers and vehicles greater than 4.5t GVM.
Vehicle type | km travelled by vehicle | Age of vehicle | Dealer guarantee |
---|---|---|---|
New vehicles | Less than 15,000 km at time of purchase* | 12 months or 20,000 km (whichever comes first) | |
New motorcycles | Less than 7000 km at time of purchase* | 6 months or 10,000 km (whichever comes first) | |
Used vehicles | Less than 160,000 km at time of purchase | Less than 10 years old | 3 months or 5000 km (whichever comes first) |
Used motorcycles | Less than 30,000 km at time of purchase | Less than 5 years old | 3 months or 3000 km (whichever comes first) |
The dealer guarantee does not apply when:
a vehicle is sold unregistered and in need of substantial repair
a used car is over 10 years old, or a used motorcycle is over 5 years old
a used car has travelled over 160,000 km, or a used motorcycle has travelled over 30,000 km
a vehicle is bought at auction with a dealer’s notice specifying that dealer guarantees do not apply
there is incidental or accidental damage to the vehicle after the sale when it was not in the possession of the dealer
damage is caused to the vehicle due to negligence or misuse by the driver
superficial damage to the paintwork or upholstery of the vehicle would have been visible on reasonable inspection at the time of sale
a prescribed defect notice and eSafety inspection report were attached to the vehicle, including an estimate of the cost to repair the vehicle.
Forms covering the dealer guarantee
A form 5 or form 7 sets out what (if any) dealer guarantees apply to a used vehicle. This guarantee cannot be ignored by either the dealer or the buyer.
Forms 6 and 8 will be displayed on a used vehicle that has items that are to be excluded from the dealer guarantee. It lists known defects, such as hail damage, that are excluded from the guarantee and an estimate of the cost to repair them.
Items that make the vehicle unsafe to drive (such as tyres or brakes) cannot be excluded from the dealer guarantee.
If a vehicle has a form 5, 6, 7 or 8, and has number plates attached it must also be sold with a pink slip.
Learn more about motor industry forms.
Extended warranties
An extended warranty policy provides additional cover to the standard dealer guarantee or manufacturer's warranty for new or used vehicles.
Generally, you need to pay for an extended warranty. However, some dealers may include it in the sale price or offer it free of charge as part of the deal. Make sure you read and understand any benefits you will get before agreeing to purchase an extended warranty.
Be aware that some extended warranties can come with exclusions and special conditions and limitations that could mean you need to return to the dealer for all maintenance services. Read the terms and conditions to understand what the warranty covers.
Having an extended warranty does not change any rights that you have under the Motor Dealers and Repairers Act or the Australian Consumer Law.
Learn more about warranty and repair disputes.
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Buying a new vehicle
Learn about your consumer rights and what to consider when buying a new vehicle.
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Buying a used vehicle
Learn about your consumer rights and what to look out for when buying a used vehicle.
Contact NSW Fair Trading
Online: Complaints and enquiries
Phone: 13 32 20 (Monday to Friday, 8:30am-5pm)
In-person: find a service centre