Will You Be Registering Or Taking Possession Of Your Vehicle Today?

Ownership a motorcar can exist an exciting experience, but it's very important you understand your rights and responsibilities when buying or signing a contract for a machine.

When buying a new automobile, y'all'll be asked to sign a contract. Make sure you understand all the conditions of the contract before signing, especially if the contract is subject to finance.

When buying a used auto you will exist asked to sign a contract. Make certain you take completed all relevant checks so the car is in a skillful condition and tin can be legally sold to you. You should besides exist enlightened of the contract's conditions, whatever cooling-off flow, what is covered under warranty, and how to resolve whatever disputes almost repairs or defects.

When buying a used car in a private auction, you should exist aware you may not have the same protections offered to people buying from a used car dealership. If you've bought a used motorcar in a individual sale and something goes wrong with the car, get legal advice.

All cars beingness driven on public roads in Queensland must be registered. Visit the Department of Send and Main Roads for more than data.

Ownership a new car

When buying a new car you lot'll be asked to sign a contract. Be careful if you're asked to sign something to 'hold' the car— make sure yous're not signing a contract unless y'all are fix to buy the car.

After signing a new machine contract you can't but change your heed. There's no cooling-off flow (for new car contracts), and at that place are often standard terms (in the contract) allowing dealers to claim a percentage of the purchase price if y'all don't go alee with the contract later on you have signed it.

Make certain any extras or special offers included with your new machine are in the contract.

If you are getting finance (to buy the machine), the contract should exist subject to finance, so yous don't take to buy the motorcar if the finance isn't canonical.

Some dealers may offering finance with the car—make certain y'all understand what is beingness offered and all the costs. You don't accept to become through the dealer for finance, it's best to check all your options first earlier deciding which finance visitor to go with. Y'all should also suit comprehensive insurance for the motorcar.

Become legal advice if you lot've signed a contract, but can't see your obligations.

Buying a used car

When buying a used car, you will be asked to sign a contract. The car you are ownership should be checked by a mechanic. You should likewise become an independent report (eg from RACQ or your own mechanic) about the car's mechanical condition. The safety certificate just reports on whether the automobile meets the necessary requirements (roadworthiness) for information technology to be on the route.

You should also search the Personal Properties Securities Annals earlier buying a registered motor vehicle from anyone other than a registered motor vehicle dealer. This register shows if the auto is under a hire purchase, lease, credit organization or bill of sale.

To practise this search yous'll demand the registration, chassis or engine number details. The search shows whether the vehicle's title is clear, and in that location are no other registered claims on the car.

Law for All podcast serial

Episode ii: Legal tips and pitfalls: ownership a used motorcar in Queensland

In this episode, Legal Aid Queensland'southward consumer advocate Paul Holmes discusses some tips, pitfalls, and legal protections y'all accept when buying a new used automobile from private sellers and auto yards.

Buying a used auto from a used machine dealer

There are legal protections for people buying a 2nd hand automobile from a used car dealer. Earlier buying a automobile, you should exist given a contract of auction, and a safety certificate.

Contract of sale

Earlier signing the contract of auction, the dealer must give yous:

a notice including:
- the motor vehicle details
- details of the cooling off period
- the amount of the non-refundable deposit
- a notice almost the statutory potency

Once y'all've signed the contract of auction, the dealer must requite you a copy of the contract.

The contract of auction must be in writing and must include:

a find about the cooling-off period
a argument confirming you take articulate title to the vehicle.

Safety certificate

You should too be given a safety certificate for the vehicle. If the car is registered, then the seller must provide—at their expense—a current safe certificate. This is prepared at an Authorised Inspection Station and certifies the machine meets the necessary requirements for information technology to be on the road, but it'due south non proof the car is mechanically sound. If the certificate is defective, you should become legal advice most whether you can have legal action against the seller or the motor mechanic (or both). You can make a complaint to the Department of Ship and Master Roads.

Go legal advice if you take not been given the proper documents before buying a used car.

Information technology'south an offence for a licensed motor dealer to not give you the proper documents, and in doing then, your contract may not be legally binding. You lot should make a complaint to the Function of Fair Trading and go legal advice.

Cooling-off period for a used car sale

The cooling-off period for ownership a car from a used car dealer is i full business mean solar day (not including Sundays or public holidays). You tin abolish an agreement with a licensed dealer during the cooling-off period by giving them a written notice cancelling the contract.

The cooling-off period will commonly expire at the close of business on the following concern day. If the dealer isn't open for a full day (on the following mean solar day), then it expires on the close of business on the day after.

Y'all can't cancel the agreement if yous've taken possession of the auto inside that fourth dimension for any reason other than a exam drive or an inspection of the motorcar.

If you cancel the contract inside the cooling-off menses, the dealer may retain a deposit of up to $100.

The used motorcar dealer may not sell a automobile offered as a trade-in until the cease of the cooling-off period.

Cancelling a contract with a used car dealer

If a contract is cancelled outside the cooling-off period, the used motorcar dealer is entitled to damages for breach of the contract. There are usually standard terms in used car contracts assuasive the dealer to claim a percent of the buy toll if you don't go ahead with the contract after it is signed. If the dealer breaches the contract there are some situations where you can cancel the contract without penalty. Y'all should get legal advice.

What does my warranty cover?

A Form A warranty is applied by law to whatsoever vehicle sold by a licensed dealer that has travelled less than 160,000kms, and is less than 10 years old.

A Course A warranty will utilize from the time you have possession of the car until either you lot accept driven the automobile 5,000kms or it has been iii months since you purchased the car, whichever happens outset.

A Course B warranty is applied by police force to any vehicle sold by a licensed dealer that:

has travelled more than than 160,000kms, and
is more than 10 years old

A Class B warranty will apply from the time you take possession of the car until either you have driven the car 1,000kms or it has been30 days since you purchased the car, whichever happens offset.

The warranty won't utilise to:

an unregistered vehicle that can't exist registered in Queensland because of its design
a written-off vehicle
a commercial vehicle
a caravan
a motorcycle.

Vehicles not covered by a warranty must be displayed or advertised for sale equally unwarranted.

The warranty volition not cover a defect in:

airbags
installed radio, record recorder or CD player
a tyre
a battery
a radiator hose
a radio aeriform or other aerial
spark plugs
distributor points
wiper rubbers
oil or an oil filter
a fuel filter or air filter
a hose for a heater unit
paint work or upholstery that should take been apparent at the time of auction
whatever additions made after the heir-apparent takes possession.

The warranty also doesn't cover whatsoever defects caused by the heir-apparent'due south misuse or negligence, or damage from a car blow.

If y'all think the machine has a defect, you lot must:

notify the dealer in writing most the defect before the end of the warranty period, and
deliver the vehicle to the dealer or to a qualified repairer specified by the dealer.

Within 5 business days of existence notified, the dealer must suggest you in writing whether the defect is covered by the statutory warranty. If they don't reply, so the dealer is taken to have accepted the defect is covered by the statutory warranty.

A vehicle must be repaired within 14 days afterwards the dealer accepts the defect is covered by the statutory warranty, unless they accept a reasonable alibi.

The warranty flow is extended by 1 day for each mean solar day or part of a day the dealer has the vehicle.

The dealer will be taken to accept repaired the vehicle when the lacking part is repaired.

A statutory warranty doesn't replace a mechanical inspection earlier purchase, and you should yet consummate the mechanical inspection of the car. For example, a automobile may have a fault that doesn't appear during the warranty period, or isn't covered past a safety certificate, simply may cause major problems later.

Resolving a dispute with a dealer virtually repairing a vehicle

You should endeavor and resolve any disputes with the motor dealer. Each dealer must provide a complaints handling procedure under their Code of Behave. If yous can't resolve the problem, you can make a complaint to the Part of Fair Trading.

If the dealer has refused to accept the defect is covered by the warranty, failed to repair the defect within the repair catamenia, or failed to repair the defect, then you can apply to the Queensland Civil and Authoritative Tribunal (QCAT) to resolve the dispute. Please note that for a defective motorcar or the failure to repair a motorcar then QCAT'southward usual monetary jurisdiction has recently been expanded from $25,000 to $100,000 for this blazon of dispute but. You should get legal communication.

Can the dealer offer to bandy the automobile for another vehicle?

You don't accept to have a unlike motorcar to the ane you lot originally inspected. If you agree to have a different car, the dealer should write upward another contract or change the existing one to reverberate yous are taking a different machine.

What if the dealer deceived me?

At that place is a Code of Conduct outlining the standards of bear for motor dealers, which includes the principles of off-white trading.

If you accept a complaint about the dealer breaching a Code of Bear (eg deception), failing to guarantee title (someone else also has a claim to the machine) or failing to comply with the cooling off period, so yous should commencement accept the complaint to the licensed dealer.

If the dealer doesn't address or resolve the problem, then you can make a complaint to the Office of Off-white Trading. The officers will investigate and this may atomic number 82 to disciplinary proceedings for the dealer in the QCAT, prosecution for breach or compensation for you lot.

You should lodge your merits for compensation inside one year of becoming aware of the loss, or within 3 years of the event that caused the loss (whichever comes commencement).

Claims against the dealer for things non covered by statutory protections tin can be brought in the QCAT if the merits is upwards to $100,000. Claims for more than than this must exist brought in the ordinary civil courts.

Buying a used car in a private auction

By law, when buying a used car in a private sale you don't take the same protections offered to people ownership from a used automobile dealership.

If something goes incorrect with the car after you've taken possession of it, it tin can be very hard to make the seller responsible for the defect particularly if the agreement isn't in writing and it'south not clear what was agreed.

Yous can't merits confronting a private seller in the QCAT, only in the land ceremonious courts. In these courts, the claim's legal costs can be awarded by the court against the unsuccessful person. You should get legal advice.

Registering your auto

All cars driven on public roads in Queensland must exist registered every year with the Section of Send and Main Roads.

Transferring registration

When ownership a used car, you should transfer the registration. The buyer and seller must sign the transfer of registration form. The seller keeps the copy part of the grade, and the buyer lodges the form and pays for transfer and stamp duty.

Do I need legal advice?

You lot may need legal advice if:

y'all've signed a contract and can't meet your obligations
you lot've purchased a used car with a defective condom certificate and desire to take legal activity against the seller or mechanic
the dealer didn't provide you with the proper documents when buying the car
a motor dealer has breached your contract and now yous want to cancel the contract.

Get legal communication

Nosotros may requite legal advice if there's a dispute with a licensed motor dealer about ownership a used car. Our Consumer Protection Unit tin can give specialist legal advice and assistance with disputes with credit providers and insurers.

The post-obit organisations may exist able to give legal communication.

Caxton Legal Centre Consumer Constabulary Service gives free specialist legal advice to people with consumer and consumer credit legal bug, including loans, bankruptcy, debt drove, mortgage brokers and financial advisors.

Gladstone Customs Advisory Service gives free legal communication about consumer matters.

Cairns Customs Legal Centre - Consumer Law Service gives legal help in the areas of consumer credit matters, consumer product disputes, consumer service disputes, consumer debt matters, defalcation and other consumer constabulary matters for socially and financially disadvantaged members of the community.

LawRight Self Representation Service (QCAT) gives legal advice about highly-seasoned a QCAT conclusion, and can requite advice about other options to resolve your dispute. The service may also assist with drafting documents and correspondence relating to your legal matter with QCAT. They practice not provide representation.

LawRight Mental Health Law Practice gives legal advice to people with a mental affliction on civil law bug including credit/debt law bug.

Students Legal Service - Academy of Queensland gives free legal advice to UQ students, including advice about consumer matters and responding to messages of demand.

Queensland Police Social club can refer you to a specialist private lawyer for advice or representation.

Who else tin can help?

These organisations may be able to aid y'all with your matter. They don't give legal advice.

Queensland Civil and Authoritative Tribunal (QCAT) have data if you accept suffered a financial loss because of the deportment of motor dealers, auctioneers or their employees. From 1 September 2019, you may bring a merits for a defective motor vehicle up to the value of $100,000 before QCAT.

Personal Property Security Register has data most registered security interests over personal belongings, including cars.

Office of Fair Trading has data about buying used and new cars, resolving disputes with motor vehicle repairers, and handles complaints about motor dealers breaching their Code of Conduct.

Source: https://www.legalaid.qld.gov.au/Find-legal-information/Cars-and-driving/Buying-a-car

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