Do You Have to Disclose Faults When Selling a Car in QLD? What Private Sellers Must Tell Buyers

By A1 Cash for Cars Team · Last updated: 4 November 2026

A1 Cash for Cars is a Brisbane vehicle buyer and licensed motor dealer with a yard at 60 Bowhill Rd, Willawong. We assess and buy unwanted, damaged, scrap and non-running cars, utes, vans and 4WDs across Greater Brisbane.

Whether you have to disclose faults when selling a car in QLD depends on who you are and what you say. A private seller isn’t bound by most consumer guarantees and doesn’t give a statutory warranty, but must still have clear title, provide a safety certificate for a registered car, and never make false or misleading statements about the car.

Do private sellers in QLD have to disclose faults?

There’s no general Queensland rule requiring a private seller to list every fault. Queensland’s Office of Fair Trading says a private seller isn’t bound by consumer guarantees, and the buyer gets no statutory warranty or cooling-off period. That doesn’t make anything goes: what you say must be true, and some legal obligations still apply.

Fair Trading’s buying used cars privately page says that when someone buys privately:

• No cooling-off period. The buyer isn’t entitled to the cooling-off protection that applies to dealer sales.
• No statutory warranty. Statutory warranties come from licensed motor dealers and chattel auctioneers, not private sellers.
• No PPSR certificate obligation. The seller doesn’t have to hand over a certificate from the Personal Property Securities Register (PPSR).
• No compensation fund. The buyer can’t use the claim fund that covers some dealer sales.

Because of this, Fair Trading tells buyers to get an independent inspection, test drive the car, run a PPSR check and check whether the car is on the written-off register. In other words, the system expects private buyers to check the car themselves. Your job as a seller is to be honest, not to guarantee the car.

What are you legally responsible for as a private seller?

Even in a private sale, you’re responsible for having the right to sell the car, handing it over free of hidden debts, providing a safety certificate if it’s registered, and not misleading the buyer. Most other consumer guarantees, such as acceptable quality, don’t apply when the seller isn’t running a business.

Here’s how the main obligations compare:

Sources: Consumer rights and guarantees, ACCC; Buying used cars privately and Guarantees and warranties for used cars, Queensland Government.

The ACCC explains that most consumer guarantees don’t apply to one-off sales between two people where the seller isn’t running a business, including sales through Gumtree or Facebook Marketplace. The guarantees that do apply are title to the product, undisturbed possession and no hidden debts or charges. If someone regularly buys and sells cars for profit, they may be treated as a business, and stricter rules can apply.

The title guarantees are why finance matters. If there’s money owing on the car, our guide to selling a car with finance owing in QLD explains how to clear it properly.

What’s the difference between not mentioning a fault and misleading a buyer?

Not volunteering every minor issue is very different from saying something false. If you tell a buyer the car has never been in an accident, the gearbox is perfect or the kilometres are genuine when you know otherwise, you’ve misrepresented the car. A buyer who relied on that statement may be able to take legal action.

Queensland’s Office of Fair Trading notes that private sales are usually a verbal contract, which can be hard to prove, and suggests buyers who lose money get legal advice (Queensland Government). That cuts both ways: your ad, text messages and emails become the record of what you said.

Practical ways to stay on the right side of the line:

• Answer questions truthfully. If a buyer asks whether the car overheats or has been in a crash, give an honest answer, or say you don’t know.
• Don’t hide problems. Clearing warning lights just before an inspection, or covering up leaks or rust, can look like deliberate concealment.
• Keep the ad accurate. Describe the car as it is. Phrases like “no mechanical issues” are statements of fact a buyer may rely on.
• Never tamper with the odometer. The ACCC notes that Queensland has laws and penalties that apply to private sellers as well as dealers for misrepresenting odometer readings or tampering with odometers (ACCC).

This is general information, not legal advice. If you’re unsure what you need to tell a buyer about a specific problem, speak to a solicitor or contact Fair Trading Queensland.

Do you need to tell a buyer the car is written off?

TMR says a private seller isn’t required to tell a buyer that a vehicle is on the written-off vehicle register, and warns buyers to check the PPSR themselves. But if you say the car has never been written off when it has, that’s a false statement. An unreported total loss may also need notifying to TMR first.

TMR’s written-off vehicle page explains the rules:

• Insurers usually notify. Your insurer or another notifier normally tells TMR when a vehicle is written off, and it stays on the register even after repair or a change of owner.
• You may need to notify. If your car is a total write-off and no insurer or other notifier has reported it, you must notify TMR before you sell or dispose of it, using form F4069 when you cancel the registration.
• Dealers have a duty. Motor dealers and auction houses selling written-off vehicles must tell buyers whether the car is a repairable or statutory write-off.

Because a buyer can easily find the history with a PPSR search, being upfront usually saves time and avoids a deal collapsing at the last minute. Our guide to written-off cars and insurance total losses in QLD covers the process in more detail.

Can you sell a car with known faults in QLD?

Yes. It’s legal to sell a faulty car in Queensland as long as you meet the registration and safety certificate rules and don’t mislead the buyer. If a registered car is unsafe or defective, TMR says you can repair the defects, sell it to a dealer or dismantler, or sell it unregistered.

From TMR’s selling a used vehicle page:

• Registered and sold privately. You need a current safety certificate from an approved inspection station, unless the car is exempt, and you must give the buyer their copy. There are on-the-spot fines for not giving a current certificate when you sell.
• Unsafe or defective. If the car isn’t safe and legal, your options are to repair all the defects, sell it to an auto dealer, sell it to an auto parts dismantler or sell it unregistered.
• Sold unregistered. You don’t need an inspection, but the car can’t be driven on the road without an unregistered vehicle permit.
• Gas systems. Cars with gas fuel systems also need a gas certificate that’s no more than 3 months old when the registration is transferred.

A safety certificate isn’t a full mechanical report. It covers safety-related items, so a car can pass and still have mechanical faults, such as a tired engine or a slipping transmission. Our guide to safety certificates when selling a car in QLD explains what’s checked and when you need one. If the car has a defect notice, see our guide to selling a car with a defect notice in QLD.

How should you describe a faulty car in your ad?

Describe the car plainly and accurately: what works, what doesn’t, and what you don’t know. List known faults, any warning lights and recent repairs, and invite the buyer to arrange an independent inspection. Writing “sold as is” sets expectations about condition, but it doesn’t excuse a false statement elsewhere in the ad.

A simple, honest ad usually includes:

• The basics. Year, make, model, kilometres, registration status and whether a safety certificate is available.
• Known faults. For example, “engine light on, not diagnosed” or “air conditioning not working”. Say what you know, and don’t guess at causes.
• History you’re aware of. Accident repairs, write-off status and major work done, ideally backed by receipts.
• An invitation to inspect. Fair Trading recommends buyers get an independent inspection, so offering one builds trust.
• A written receipt. At the sale, record the price, date, car details and the condition it’s sold in, and keep copies of your ad and messages.

Selling privately also means meeting strangers and handling payment, so read our tips on avoiding scams when selling a car in QLD before you list.

What happens if a buyer complains after a private sale?

Since a private seller doesn’t give a statutory warranty, a buyer generally can’t demand free repairs for a fault that appears after the sale. A dispute is more likely where the buyer says you misled them, the car didn’t match its description, or there was a problem with title, such as undisclosed finance.

Fair Trading Queensland can give general advice, but private sale disputes are often a civil matter between buyer and seller, and buyers are pointed to legal advice (Queensland Government). If a buyer contacts you:

• Stay calm and keep records. Gather your ad, messages, receipt and any inspection or repair reports.
• Check what you said. Compare the buyer’s complaint with what you actually told them in writing or in person.
• Get advice before agreeing to anything. A solicitor or community legal centre can help you understand your position.

The best protection is prevention: an accurate ad, honest answers, and paperwork that records what was disclosed.

Is it easier to sell a faulty car to a licensed dealer?

Often, yes. A licensed motor dealer, like A1 Cash for Cars, buys cars in their current condition and does its own assessment. You don’t need a safety certificate to sell to a dealer, and you avoid ads, test drives and later disputes with private buyers. You just need to tell us what you know about the car.

When you sell to us:

• No safety certificate needed. We’re a licensed motor dealer, so you don’t need to get or pay for a safety certificate before selling to us.
• Faults are expected. We buy running cars as well as old, damaged, non-running and written-off cars, utes, vans and 4WDs. We can often collect written-off cars, subject to ownership, insurer status and safe access.
• Honest information gets an accurate quote. Tell us about warning lights, mechanical problems, accident history and whether the car starts, and we’ll factor it into our offer.
• Paperwork done with you. We’ll explain whether the registration will be transferred or cancelled and complete the paperwork at the time of sale.

If you’re weighing up a private sale against a quick sale, our guide to selling privately vs selling to a car wrecker compares the two.

Frequently asked questions

Do I have to tell a buyer about every fault when selling privately in QLD?

There’s no general rule that a private seller must list every fault, and private sellers aren’t bound by most consumer guarantees. But you must not make false or misleading statements, and you should answer questions honestly. Telling the truth about known problems also reduces the risk of a dispute later.

Can a buyer return a car bought privately in Queensland?

Generally, there’s no cooling-off period or statutory warranty in a private sale, so a buyer can’t simply return the car because they’ve changed their mind or a fault appears later. A buyer may have a claim if they were misled, the car didn’t match its description, or there was a title problem such as undisclosed finance.

Does “sold as is” protect me as a private seller?

It tells the buyer you aren’t promising anything about the car’s condition, which matches how private sales already work. It doesn’t protect you if you made false statements about the car, such as saying it’s never been in an accident when it has. Keep the rest of your ad accurate.

Do I need a safety certificate to sell a car with faults?

If you’re selling a registered light vehicle privately, you generally need a current safety certificate, and an unsafe car may need repairs before one can be issued. You don’t need one if you sell the car unregistered or sell to a licensed motor dealer. Some vehicles are exempt.

Do I have to tell the buyer my car is a repairable write-off?

TMR says a private seller isn’t required to tell a buyer the car is on the written-off vehicle register, but buyers can find it with a PPSR check. You must not deny it if asked. If an unreported total loss hasn’t been notified, you must notify TMR before selling or disposing of it.

Is a private seller responsible for faults found after the sale?

Usually not, because private sellers don’t give a statutory warranty. Responsibility is more likely if you knew about the fault and hid it, or told the buyer something untrue about it. Disputes are generally a civil matter, so get legal advice if a buyer makes a claim against you.

Is it better to sell a car with major faults to a dealer?

It’s often simpler. A licensed motor dealer assesses the car as it is, so you don’t need a safety certificate or repairs, and you avoid private buyers, test drives and later complaints. You’ll usually get less than a private sale for a car in good condition, so compare offers.

Sources and further reading

• Buying used cars privately, Queensland Government (Office of Fair Trading)
• Buying goods at private sales or auction, Queensland Government (Office of Fair Trading)
• Guarantees and warranties for used cars, Queensland Government (Office of Fair Trading)
• Selling a used vehicle, Queensland Government (Transport and Main Roads)
• Notifying of written-off vehicles, Queensland Government (Transport and Main Roads)
• Consumer rights and guarantees, Australian Competition and Consumer Commission
• Consumer issues in the sale of second-hand cars (December 2025), Australian Competition and Consumer Commission

About the author

A1 Cash for Cars Team. A1 Cash for Cars is a licensed motor dealer at 60 Bowhill Rd, Willawong, buying unwanted, damaged and non-running vehicles across South East Queensland. This guide is general information, not legal advice. Consumer and registration rules can change, so check the linked official pages, contact Fair Trading Queensland on 13 QGOV (13 74 68), or speak to a solicitor about your situation.

Ready to sell your car?

Call 0400 119 641 or request a quote. Tell us the year, model, kilometres, known faults, whether it starts, whether it’s registered and where the car is, and we’ll give you an honest assessment.