Navigating Used Car Purchase Disputes What Are Your Rights?
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Award-Winning
Law Firm
We have won several client service excellence and leading law firm awards every year up to and including 2025.
Proven Track
Record
50+ Years of Combined Experience litigating commercial matters means a successful outcome is on the table.
5 Star Reviews
Everywhere
We’re in it to win it and we fight hard for our clients. That’s why anywhere you look you will find 5 star reviews.
Book a
Consultation Today
If your case is important to you it’s important to us. Call Jameson Law and join the winning side today.
Motor Vehicle Transactions
Licensed Motor Dealer
If you choose to buy a used car from a licensed motor dealer you will have greater protection than if you buy from a private seller. Dealers are regulated businesses that must follow Australian Consumer Law and the Motor Dealers and Repairers Act 2013. See NSW guidance on dealer guarantees and warranties and the ACCC’s motor vehicle sales and repairs overview. Most dealer-sold used vehicles carry a statutory dealer guarantee if they are under 10 years old and have travelled less than 160,000 km (generally 3 months or 5,000 km, whichever happens first). Check NSW’s current rules under Buying a used vehicle. For tailored help with a dispute, see our article on used car purchase disputes or speak with a commercial lawyer.
Private Sale
It is common to buy second hand cars from private sellers on marketplaces. Consumer guarantees under the ACL apply differently to private transactions. Do your checks: verify rego and recent odometer readings via Service NSW rego check and order a vehicle history report if needed. Always confirm there is no money owing by running a $2 PPSR search and keeping the certificate. See the official PPSR used car search and the Service NSW explainer on the Personal Property Securities Register.Motor Vehicle Disputes
Whether it is a dealer issue or a private sale problem, our team handles complaints, negotiations and litigation. Start with our commercial litigation guide or get in touch on (02) 8806 0866.Warranties
Manufacturers warranties travel with the vehicle until expiry and may cover major components such as the engine and timing system. Dealer guarantees and ACL consumer guarantees also protect buyers in many dealer sales. If something fails that should reasonably be covered, contact the dealer first and use NSW Fair Trading’s warranty and repair dispute process if needed.Cooling Off Period
In NSW, a cooling off applies when you buy from a dealership with dealer-linked finance or referral to credit. It is one business day and usually ends at 5 pm on the next business day. See NSW guidance on vehicle finance and contracts and the dealer finance Form 12 notice. Private sales do not have the same cooling off protections.Need help now?
If you are facing a motor vehicle dispute or need advice on a contract, get practical guidance from commercial litigation lawyers or talk to us about contract rescission where appropriate. Call (02) 8806 0866 or contact Jameson Law.
Essential Updates and Resources on Commercial Law
FAQs
Frequently Asked Questions.
Is it safer to buy from a licensed motor dealer?
Yes. Buying from a licensed dealer gives you stronger protection under Australian Consumer Law. Dealers must follow fair trading laws, offer proper warranties, and handle complaints professionally.
What protections do I get from a licensed dealer?
You may receive a consumer guarantee or manufacturer’s warranty, depending on the vehicle’s age. Dealers must provide fair pricing, and you’ll have a clear process for lodging complaints.
What are the risks of buying privately?
Buying from private sellers through platforms like Gumtree or Facebook offers fewer protections. Although some parts of Consumer Law still apply, there’s usually no warranty or obligation to refund.
Does the Consumer Law apply to private sales?
Yes, but only in limited ways. If the seller is not acting in trade or commerce (i.e., they’re not a dealer), they are not bound by the full extent of Australian Consumer Law. Always check the seller’s background and vehicle history.
Can I return a used car if I change my mind?
Not usually. There is generally **no cooling-off period** for private sales, and even with a dealer, the ability to return depends on the contract and state laws. Our consumer law team can help if you feel you were misled.
What should I check before buying a used car?
Always check the vehicle’s registration, service history, finance owing (PPSR), and whether it was written-off or stolen. Consider a pre-purchase inspection and legal advice before signing anything.
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