1.The seller sells and the buyer buys the car , registration number , registered in Queensland, vehicle identification number (VIN) , engine number , as its Queensland registration certificate describes it. The registration expires on: . Odometer reading at the handover, read by both parties together: km. As far as the seller knows, this is the total distance the car has travelled, unless the seller writes otherwise here: ; a person must not wilfully represent anything false or misleading about the total distance a motor vehicle has travelled (Motor Dealers and Chattel Auctioneers Act 2014 (Qld), section 218). The parties have checked the registration number and the VIN against the registration certificate and the car’s VIN plate, and the seller’s name against the registered operator shown on the certificate.
2.Seller: , . Buyer: , . Both are private individuals: the seller is not selling the car in the course of a business, and the buyer is buying it for their own use, not to sell it on.
3.The price is $ . The buyer pays it in full by bank transfer to the seller’s account, which counts as paid when the money has cleared in that account. The seller hands over the car, its keys and the documents in clause 4 when the whole price has been paid: payment and delivery go together (Sale of Goods Act 1896 (Qld), section 30). The car becomes the buyer’s property when the whole price has been paid, not when this agreement is signed: that is the parties’ intention (Sale of Goods Act 1896, sections 20 and 21), and the seller then signs the receipt below.
4.The car is handed over on (date and time) at (place) . The car is at the seller’s risk until the handover and at the buyer’s risk from the handover, as the parties agree (Sale of Goods Act 1896, section 23). With the car the seller hands over its keys (how many: ), Part A of the signed transfer form (clause 10), the safety certificate or its number (clause 5), a gas certificate if the car has a gas system, and the owner’s manual and service records the seller has. Anything else the parties have agreed: .
5.The owner of a registered car must not dispose of it unless a safety certificate is in effect for it and the owner gives the buyer the original and duplicate of a handwritten certificate, or a copy or the number of an electronic one (Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 (Qld) (the Vehicle Standards Regulation), section 75). The buyer’s application to transfer the registration must be accompanied by evidence that a safety certificate was in effect when the car was disposed of, and by a gas certificate if the car has a gas system (Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 (Qld) (the Vehicle Registration Regulation), section 42(3)). At the handover the seller gives the buyer a safety certificate for the car that is in effect then: number , issued on . From a seller who is not a dealer, a safety certificate is in effect for 2 months from its issue, counting that day, or until the car has been driven 2,000 km or is disposed of other than to a dealer, whichever comes first (Vehicle Standards Regulation, section 67(3)), and it stops having effect if the car’s condition changes significantly (section 68).
6.This is a private sale: because the seller does not deal in cars, the law implies no condition or warranty about the car’s quality or its fitness for any particular purpose (Sale of Goods Act 1896, section 17), and the Australian Consumer Law’s quality and fitness guarantees apply only where goods are supplied in trade or commerce (Australian Consumer Law, sections 54 and 55). The buyer, invited to inspect and test-drive the car before signing and given the opportunity, buys it as inspected, with these defects, which the seller has disclosed: . ‘As inspected’ does not cover a car that does not correspond with its description in clause 1 (Sale of Goods Act 1896, section 16), and does not touch the guarantees in clause 7. As far as the seller knows, the car has not been stolen and is not recorded as a written-off vehicle, unless the seller writes otherwise here: .
7.The seller owns the car and has the right to sell it (Sale of Goods Act 1896, section 15), and is its registered operator, as shown on the registration certificate. The buyer has these guarantees by law: that the seller will have the right to sell the car when it becomes the buyer’s property, that the buyer will have undisturbed possession of it, and that until then it is and remains free from any security interest, charge or encumbrance not disclosed to the buyer in writing before the buyer agreed to buy it (Sale of Goods Act 1896, section 15; Australian Consumer Law, sections 51 to 53). A term that tried to exclude, restrict or modify these guarantees would be void, and no term of this agreement does (Australian Consumer Law, section 64).
8.Under the Personal Property Securities Act 2009 (Cth), section 45, a buyer who buys a car for new value can take it free of a security interest that a search of the Personal Property Securities Register (PPSR) by the car’s VIN, at a time between the start of the day before the sale and the sale, would not have disclosed; the section does not protect a buyer who knows of the security interest. The buyer searched the PPSR by the car’s VIN on (date and time) and keeps the search certificate; the search showed no security interest registered against the car. The seller declares that the car is not subject to any loan, hire-purchase agreement, lease or other finance, and that no one else holds a security interest in it. Whatever is owed on the car is the seller’s debt; the buyer takes on none of it.
9.The car is sold with the number plates on it, which remain the property of the State of Queensland (Vehicle Registration Regulation, section 128).