Buying a car

For free and confidential legal advice about this topic, please contact us here.

Buying your first car can be very exciting!  It’s the taste of freedom as you cruise along listening to your favourite music.  When you’re buying a car, it’s really important to do your homework so you don’t end up with a dud. This page outlines so important things you can do to make sure you get a good car that’s reliable.

To get started, check out this video about things to look out for when buying a car:

Going for a Test Drive

It is always a good idea to test-drive a vehicle before you buy it.  Some dealers won’t let you test drive a car if you’re under 25, so it’s good to check with them.  If they do let you drive it, make sure you understand any agreement you sign. For example, many car dealerships will make you agree to pay for any damage that you cause while test-driving a car.

I’m thinking of buying a second-hand car – what should I look out for?

There are a few things you should always do before you buy a second-hand or used car:

1. Ask the right questions: make sure that you ask for as much information about the car as possible.  It’s a good idea to take a look at all the logbooks (these show when the car was serviced). This is useful if you want to see that the previous owner has taken good and proper care of it. It’s also a good idea to ask if the car has been in any accidents. If you have a friend or parent who is really good with cars, let them come with you to take a look at it.  Remember, two sets of eyes are always better than one.
2. Get it inspected by a reliable, independent mechanic or vehicle inspector.  An inspector can come to you at the owner’s house to look at the car. To find a service which can do this, search the internet for “used car vehicle inspection service”.
3. Do a PPSR check to see if there is any finance owing on the car at http://www.ppsr.com.au typing in the registration number and paying $25.
4. Do a registration check to see if the car is registered: https://vre.vicroads.vic.gov.au/

When you buy a used car, you don’t know if the previous owner still owes money on it.  The law is very complicated and in some cases you could be caught up paying off someone else’s debt, even though you paid for the car yourself! The way to avoid this is to do a check on the PPSR register. The system will tell you if there is any money owing on the car.  If there is, DON’T BUY IT. If the car has no money owing on it then you can get a PPSR certificate saying that the car is unencumbered.

You are only protected if you do a search on the day you buy the car or up to one day before.

Always remember to:

• Ask for a receipt – this is really important in case something goes wrong – make sure they include:
• both your names
• the amount you paid
• the car engine details
• the owner’s full name, address and mobile phone number.

It’s also a good idea to get the owner to show you the registration papers and check that this matches his or her licence.

What if I’ve bought a used car but have changed my mind – can I give it back and get my money back?

If you purchase a vehicle from a dealer, you will probably have to sign a contract. This means there is a legal agreement between you and the dealer.   It is very important that you read the contract carefully before you sign it. If there is anything you do not understand or feel is unfair, you should get legal advice.  Whatever you do, don’t sign something you don’t understand!!! Once you sign a contract, it is very difficult to undo it! If you are under 18 and sign a contact, in most instances you will be bound by it.

If you get a used car from a car dealership, you may be entitled to a “cooling off” period.  This gives you time to change your mind if you decide the car is too expensive for you or you don’t like it. The cooling off period for used cars in Queensland is 1 business day. That means that after you sign the contract, the cooling off period will end the next day at 5pm if the car dealer closes at 5pm or, the next day at the usual closing time if the car dealer closes before 5pm.  If you are still within the cooling off period, you should contact the dealership immediately.

There is no cooling off period for new cars in Queensland.  

What if I want to get a loan to buy a car?

If you buy a vehicle from a dealership, the dealer may offer to arrange a loan for you (this is sometimes called ‘finance’).  This means they will sell you the car and you will also pay the car off through them. Although this might seem very attractive, getting a loan through a dealership is often more expensive than other options (such as a loan from a bank or credit union).  That’s why it’s a good idea to shop around to get finance.

It is against the law for a dealer to put pressure on you to use their finance instead of going somewhere else, like a bank.  If this happens, you should contact the Queensland Office of Fair Trading on 13 74 68 or the Australian Competition and Consumer Commission on 1300 302 502.

To find out some important tips about budgeting for a car loan check out the ASIC MoneySmart website at: https://www.moneysmart.gov.au/borrowing-and-credit/car-loans

Someone won’t sell me a car because of my age, race or gender – what can I do?

A car dealer should not refuse to sell you a car just because you are under 18. This is called age discrimination and is against the law. It’s   against the law if a car dealer refuses to sell you a car because of your race, gender, sexuality, disability, marital status or pregnancy. It’s also illegal for a car dealer to sexually harass  you while you are looking to buy a car.

If this has happened to you and you are under the age of 25, you can get help and advice here.

I bought a car from a dealer and there are problems - what can I do?

If you buy a car from a dealer, they usually have to give you a warranty for a certain period of time. A warranty means they will agree to repair any defects in the car so that it is in a reasonable condition.

The law gives you a warranty for second hand cars that have been driven less than 160,000 km and is less than 10 years old.  These cars are covered by warranty for 3 months or until it has been driven 5,000 km after being sold.

All other used cars don’t have a warranty (unless it’s still covered under a manufacturer’s warranty).  If a car doesn’t have a warranty, dealers have a legal obligation to put a notice on the vehicle saying that it is not covered by any warranty. If they don’t do this and you suffer because of a dodgy car with no warranty, you could have a right to claim compensation from the Queensland Government Claim Fund.

You might also be covered under a manufacturer’s warranty which covers the car after this time. The law also automatically gives you rights when you buy goods, including new and used cars. This is called a consumer guarantee and according to the law, the dealer must make sure they will have spare parts and repairs available for a reasonable amount of time.  

Also, it’s important to keep in mind that there are some things that warranties don’t cover. This includes:

• defects in tyres and batteries
• things which happen as a result of accidents or your misuse of the car
• defects on second hand cars which are covered by a defect notice.

I bought a used car privately and there are problems – what can I do?

If you’ve bought a used car from an individual (not a dealer), you don’t have the same protections in terms of warranties. If there are problems, it’s really important that you speak to a lawyer and get advice about it.   If someone has lied to you about the condition of the car, you may be able to take legal action against them. If you are under 25 and you need advice, you can get free information and advice here. If you are over 25, please contact Legal Aid Queensland on 1300 651 188.

I’ve bought a car – what do I need to do now? Do I need insurance?

Before you drive a car, you have to make sure it’s registered.  After you have bought a car, you have 14 days to get it registered or (if it is a second hand car) to transfer the registration into your name. You can register a car or transfer registration by going to http://www.tmr.qld.gov.au/registration.aspx

It’s also important to make sure you have insurance on your car.  This will cover you in case you damage someone else’s car while you’re driving, for example in an accident.  For more information on getting insurance, check out our insurance page.

If you’re under 25 and you have a question about buying a car that we haven’t answered here, please ask us a question here and we can give you some free information and advice.