Last updated 9 August 2016
If the consumer buys a vehicle privately, the law offers very little protection. In most cases, the Australian Consumer Law and Motor Dealers and Chattel Auctioneers Act 2014 (Qld) will not apply, and the buyer has to rely on common law. No statutory warranty applies. In addition, title is not guaranteed. If the car or parts of the car were stolen, the purchaser has no right to keep the car or parts. If the car is security for a loan, and the security (or bill of sale) is registered with the Personal Property Securities Register, then the holder of the security can take action to recover the car if the loan is not paid out. Purchasers buying cars privately need to check the register before they agree to purchase a vehicle to see if it is mortgaged or stolen.
If the vehicle is purchased from an individual, they will not be able to take action in the Queensland Civil and Administrative Tribunal when suing for damages.