1.The seller sells and the buyer buys the car , registration number , registered in Queensland, vehicle identification number (VIN), or if it has none its chassis number, , 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, and will keep it at an address in Queensland.
3.The price is $ . The buyer pays it in full, by . 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(1)); if the handover is delayed through the fault of either party, the car is at that party’s risk as regards any loss that might not have occurred but for that fault (section 23(2)). With the car the seller hands over its keys (how many: ), Part A of the signed transfer form (clause 10), a safety certificate or its number if clause 5 requires one, the 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 certificate issued manually or, otherwise, a copy of the certificate or its unique number; the exceptions include a car whose garage address is in an exempt area (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 a gas compliance document (the certificate for the system) if the car has a gas system and, where section 75 of the Vehicle Standards Regulation applies to the sale, by evidence that a safety certificate was in effect when the car was disposed of (Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 (Qld) (the Vehicle Registration Regulation), section 42(3)).
6.This is a private sale: the conditions of fitness for a particular purpose and of merchantable quality that the Sale of Goods Act 1896 implies need a seller who supplies cars in the course of business or deals in them (section 17), and the Australian Consumer Law’s guarantees of acceptable quality and of fitness for any disclosed purpose 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 or, if clause 8 shows a security interest to be paid out, will have the right to sell it free of that interest when the car becomes the buyer’s property, and is its registered operator, as shown on the registration certificate. Under the Australian Consumer Law the buyer has these guarantees: that the seller will have a right to dispose of the property in the car when that property is to pass to the buyer; that the buyer has the right to undisturbed possession of the car, except to the extent that it may lawfully be disturbed by a person entitled to the benefit of a security, charge or encumbrance disclosed to the buyer before the buyer agreed to buy it; and that the car is free from any security, charge or encumbrance that was not disclosed to the buyer in writing before the buyer agreed to buy it, or that was not created by or with the buyer’s express consent, and will remain free from such a security, charge or encumbrance until the car becomes the buyer’s property (Australian Consumer Law, sections 51 to 53). A term that purported to exclude, restrict or modify these guarantees, or the liability for failing to comply with them, would be void to that extent, and no term of this agreement does (section 64). The Sale of Goods Act 1896 also implies a condition that the seller will have a right to sell the car when its property is to pass, and warranties that the buyer will have and enjoy quiet possession of it and that it is free from any charge or encumbrance in favour of a third party not declared or known to the buyer before or when this agreement is made (section 15); this agreement shows no different intention and negatives none of them.
8.Under the Personal Property Securities Act 2009 (Cth), section 45, a buyer who buys a car for new value from the person who granted a security interest in it (or, in the cases the section sets out, from another person in possession of the car) takes the car free of that security interest if, at a time between the start of the day before the sale and the sale, a search of the Personal Property Securities Register (PPSR) by the car’s serial number, its VIN where it has one, would not have disclosed a registration that perfected the security interest; the section has exceptions, among them a buyer who buys with actual or constructive knowledge of the security interest. Whatever is owed on the car is the seller’s debt; the buyer takes on none of it.
9.What happens to the car’s number plates: .