When consumer guarantees don't apply

When consumer guarantees may not apply

Consumer guarantees usually apply when you buy from a business. They do not apply in some situations: 

• business use

• overseas purchases

• private sales (buying from a private person)

• some auctions 

• you buy a financial service or product, such as insurance or a loan. 

For more information about disputes with financial services or products see Disputes with banks or credit providers. In many cases, the Australian Financial Complaints Authority (AFCA) can hear these complaints. For more information see Complaints AFCA can deal with on the AFCA website.

Business use 

There are some circumstances where a business may be covered by the consumer guarantees. For more information, see Australian Consumer Law and small business on the NSW Small Business Commissioner website. 

Overseas businesses

If you buy from an overseas business that is not selling through an Australian supplier, you are not protected by Australian consumer law. Check the business’ returns policy before you buy. For more information, see Buying Online on the Australian Competition and Consumer Commission website.

Private sales

A private sale is when you buy from someone who is not selling the product or service as part of a business. Consumer guarantees usually do not apply.

Before you buy goods from a private seller, you should take time to inspect the goods. It’s also a good idea to keep a copy of the advertisement in case something goes wrong.

Examples of private sales include: 

• buying goods from a private person via an online marketplace, such as eBay, Gumtree or Facebook Marketplace

• buying a car from a person other than a licensed car dealer

• buying a pet or animal where the seller is a private person.

If something goes wrong, you may still have rights under contract law. If the issue is serious, get legal advice.

Auctions

Your rights can depend on the type of auction and who is selling the goods. For more information, see Buying online on the ACCC website.

Last updated: August 2026