Two cars, same price, same week. One comes with three months of cover the dealer can't talk you out of. The other comes with none. The difference usually isn't the dealer's generosity. It's the state you buy in, the year the car was built and the number on the odometer.
Most states give used cars bought from a licensed dealer a statutory warranty: a legal duty on the dealer to fix defects for a set time or distance. It sits on top of your Australian Consumer Law rights, and it is not the same thing as the extended warranty you may be offered at the finance desk.
The quick version
| State | Who qualifies | Cover | Cooling-off |
|---|---|---|---|
| QLD | Class A: under 160,000 km and built within 10 years. Class B: older or higher-km cars | A: 3 months or 5,000 km. B: 1 month or 1,000 km | 1 business day (used cars) |
| NSW | Under 10 years old and under 160,000 km | 3 months or 5,000 km | 1 business day, only when the dealer arranges finance |
| VIC | Under 10 years old and under 160,000 km | 3 months or 5,000 km | 3 clear business days |
| SA | Set by price: over $3,000 (and under 15 years / 200,000 km) | $3,001 to $6,000: 2 months or 3,000 km. Over $6,000: 3 months or 5,000 km | 2 clear business days |
| WA | $4,000 or more, and up to 12 years / 180,000 km | Up to 10 yrs and 150,000 km: 3 months or 5,000 km. Older band: 1 month or 1,500 km | None |
| TAS | Under 7 years old and under 120,000 km | 3 months or 3,000 km | None |
| ACT | Up to 10 years old and 160,000 km | 3 months or 5,000 km | 3 clear business days |
| NT | Under 10 years old and under 160,000 km | 3 months or 5,000 km | None |
Summary of each regulator's published rules as at 27 September 2026. Motorcycles, commercial vehicles and auctions have their own rules; see the sources below.
The warranty belongs to the car's age and kilometres, not to the dealer's mood on the day.
What it usually won't cover
Statutory warranties are about genuine defects, not wear and tear. Across the states the common exclusions are tyres, batteries, accessories such as audio and GPS, paint and upholstery damage you could see when you bought the car, and anything caused by an accident or misuse after you drove away. Queensland also excludes items like airbags, radiator hoses and lights, and South Australia's scheme now covers the main battery in hybrids and EVs.
Commercial vehicles and motorcycles are often outside the scheme, and so are most auction sales. If the car you're looking at is a ute on a commercial rego, ask the question out loud before you sign.
The defect notice trick
In several states a dealer can list known faults on a defect notice before the sale, and those listed items are then excluded. NSW calls it a Form 6 or Form 8, Victoria a Form 5, South Australia a Notice of Defects and the ACT a section 24 notice. It's legitimate, but it's also where a warranty quietly shrinks. Read every line, and if a repair estimate is attached, ask for it in writing.
Can you sign it away?
Mostly, no. NSW says the dealer guarantee "cannot be ignored by either the dealer or the buyer", South Australia removed the buyer's ability to waive it, and the ACT makes contracting out void. Queensland only allows a waiver for restorable vehicles 20 or more years old. The Northern Territory is the outlier: a buyer can waive it on a Form 12 read out and witnessed by police or a Consumer Affairs officer.
Extended warranties are a different product
The warranty you're offered for a few thousand dollars at the finance desk is an optional contract, usually run by a third party. The ACCC is clear that extended warranties are in addition to, and do not replace, your consumer guarantees. Buy one if the cover suits you, but never because you were told you'd have no protection without it.
How CDR records warranty
On every researched profile, CDR marks warranty as available only when the dealership publishes it. We don't assume every car on the lot carries the same cover, so the profile tells you where to ask, and this story tells you what the law gives you anyway.
Quick answers
Does every used car from a dealer come with a statutory warranty?
No. It depends on your state, the car's age, odometer and sometimes price. Older, high-kilometre, commercial and auction vehicles are commonly excluded.
Is the statutory warranty the same as the Australian Consumer Law?
No. The consumer guarantees under the Australian Consumer Law apply as well, and cannot be excluded by a dealer. The statutory warranty is an extra, time-limited duty to repair.
Do I need to buy an extended warranty?
No. It is optional. The ACCC says extended warranties are in addition to, and do not replace, the consumer guarantees.
General information only. This story does not consider your objectives, finances or needs. Rules change: check the linked official sources and confirm details with the dealer before you sign.
Sources
- Queensland Government: warranty for used cars: https://www.qld.gov.au/law/your-rights/consumer-rights-complaints-and-scams/buying-products-and-services/buying-products/buying-a-car/buying-a-used-car/warranty-for-used-cars
- NSW Government: dealer guarantees and warranties: https://www.nsw.gov.au/driving-boating-and-transport/buying-and-selling-vehicles/dealer-guarantees-and-warranties
- Consumer Affairs Victoria: used car warranties: https://www.consumer.vic.gov.au/consumers-and-businesses/cars/buying-a-used-car/warranties
- Consumer and Business Services SA: buying a used car: https://cbs.sa.gov.au/campaigns/buying-a-used-car
- Consumer Protection WA: car warranties: https://www.consumerprotection.wa.gov.au/car-warranties
- CBOS Tasmania: buying a car: https://cbos.tas.gov.au/topics/products-services/buying/buying-a-car/new-car
- ACT Legislation Register: Sale of Motor Vehicles Act 1977: https://www.legislation.act.gov.au/DownloadFile/a/1977-29/current/PDF/1977-29.PDF
- NT Government: buying a used vehicle: https://nt.gov.au/law/rights/buying-a-new-or-used-vehicle/buying-a-used-vehicle
- ACCC: new and second-hand cars: https://www.accc.gov.au/consumers/specific-products-and-activities/new-and-second-hand-cars
