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Form 12 and the “no cooling-off period” rule

Most used cars sold by a Queensland dealer come with a one-business-day cooling-off period. Consignment sales usually don’t, but only if your ads and signs say so in the exact words the Regulation requires.

Written by
TradeBeat, a licensed QLD motor dealer
Last reviewed
Applies to
Queensland
The short version
  • Used cars sold by a dealer have a cooling-off period of one business day.
  • Consignment sales are exempt, unless the consigning owner is a dealer or chattel auctioneer.
  • Give the buyer Form 12 immediately before the contract is completed.
  • Consigned cars need “no cooling-off period applies” in ads and a sign on the car.

What Form 12 is

Form 12 is the “Cooling-off period and statutory warranty (motor dealer or chattel auctioneer to buyer) form”. You must give it to the buyer immediately before the sale contract is completed. There’s no fee. If you don’t give it, the buyer can avoid the contract within 7 days and you face up to 200 penalty units.

What’s on Form 12

PartWhat it covers
1The selling agent: dealer, auctioneer or salesperson, with licence number and expiry
2The buyer
3The vehicle: make, model, build date, VIN, engine number, registration, odometer, colour
4Written-off declaration
5Cooling-off: whether it applies, start and end times, and a tear-off cancellation notice
6Statutory warranty: class A, class B or none (with the reason), and the warrantor
7Any voluntary warranty, with the required Australian Consumer Law wording
8Your declaration, including that you haven’t tried to talk the buyer out of their rights
9The buyer’s acknowledgement and signature

When cooling-off applies

A used car sold by a dealer has a cooling-off period of one business day. It starts when the contract becomes enforceable and ends at your close of business (5pm or later) on the next business day. Business days exclude Sundays and public holidays. If the buyer cancels, you can keep a non-refundable amount of up to $100 from the deposit.

A worked example: when cooling-off ends

Contract becomes enforceableCooling-off ends
Monday 11amYour close of business (5pm or later) on Tuesday
Friday 4pmYour close of business on Saturday
Saturday 2pmYour close of business on Monday (Sunday isn’t a business day)
Thursday, with Friday a public holidayYour close of business on Saturday

Business days exclude Sundays and public holidays. If the buyer cancels within the period, you can keep a non-refundable amount of up to $100 from the deposit.

When it doesn’t

  • Auction sales.
  • Consignment sales, unless the consigning owner is a dealer or chattel auctioneer.
  • Sales to another dealer.
  • Vehicles that aren’t “used motor vehicles” under the Act, such as commercial vehicles and caravans.

How a buyer cancels

  • By written notice to you, or to someone apparently working for you at your place of business, before the period ends. The Office of Fair Trading says it can be handed over in person, emailed or faxed.
  • Cancelling also ends any related finance or insurance contracts.
  • You return any trade-in immediately and at no cost, and refund the deposit less the non-refundable amount (up to $100).
  • A buyer can’t waive cooling-off. It ends early only if they take possession for something other than an inspection or test drive.
  • Harassing or pressuring a buyer not to cancel is an offence.

The wording you must use

For a consigned car where no cooling-off applies, the Regulation sets the wording:

WhereRequirement
AdvertisementsInclude “no cooling-off period applies”
Each vehicleA sign reading “no cooling-off period—sale on consignment”, letters at least 5 cm high, near the price or description, or on the windscreen
Instead, if every car at the premises is exemptOne sign at the main entrance, letters at least 10 cm high

A note on wording

The Office of Fair Trading’s consignment page writes the vehicle sign as “No cooling-off period—For sale by consignment”. The Regulation says “no cooling-off period—sale on consignment”. Use the Regulation’s wording. These advertising and sign rules don’t apply to vehicles owned by a dealer or chattel auctioneer.

The statutory warranty on Form 12

Form 12 also records whether a statutory warranty applies. The warrantor is the licensee who owns the car just before the buyer takes it.

ClassWhich carsHow long
AUnder 160,000 km and built no more than 10 years before the sale3 months or 5,000 km, whichever comes first
B160,000 km or more, or built more than 10 years before the sale1 month or 1,000 km

There’s no statutory warranty on a consigned car unless its owner is a licensee, on sales to other licensees, or on commercial vehicles, caravans and motorcycles.

Excluded defects include accidental damage, misuse, accessories fitted after sale, tyres, batteries, most lights and globes, and (for class B) air-conditioning. When a buyer gives written notice of a defect, you reply within 5 business days or are taken to accept the claim, then repair within 14 days.

Questions dealers ask

Does cooling-off apply to consignment sales in QLD?

Generally no, unless the person consigning the car is a dealer or chattel auctioneer. You still need the “no cooling-off period applies” wording in ads and on the car.

How much of the deposit can I keep if the buyer cools off?

A non-refundable amount of up to $100.

What happens if I don’t give the buyer Form 12?

The buyer can avoid the contract within 7 days, and you face up to 200 penalty units.

Can a buyer waive the cooling-off period?

No. It only ends early if they take possession of the car for something other than an inspection or test drive.

Does a consigned car get a statutory warranty?

Not unless its owner is a licensee.

How does a buyer cancel during cooling-off?

By written notice to you, or someone apparently working at your place of business, before the period ends.

Sources

Rules and fees change. Check the official source before you rely on anything here; this guide is general information, not legal advice.

  1. OFT: Cooling-off period for selling a car
  2. OFT: Selling on consignment in the motor industry
  3. OFT: Motor industry forms
  4. Motor Dealers and Chattel Auctioneers Act 2014
  5. Motor Dealers and Chattel Auctioneers Regulation 2014
  6. OFT: Guarantees and warranties for second-hand vehicles
  7. OFT: Cooling-off period for buying a used car
  8. Form 12 (statutory warranty and cooling-off), version 4

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