Instant Offer™ and Inspection Terms and Conditions
1. What is the Effect of This AgreementThis Agreement applies to Your use of the Instant Offer™ service (Service) made available by carsales.com.au Pty Ltd (carsales) to You via carsales.com.au or any website owned or operated by carsales (carsales Website). The Service requires a (complementary) inspection of your vehicle by the Buyer (as defined in clause 5(a) below). For the avoidance of doubt, a reference to the "Buyer" in this Agreement includes the Buyer's employees, officers, agents and contractors.
2. Eligibility for use of the Offer ServiceIn order to be eligible for use of the Service (Eligible Seller), You must:(a.) be 18 years or over;(b.) set up a membership with carsales;(c.) complete and submit the online application form (Application); and(d.) not be determined by carsales as falling into one of the excluded categories listed at (i) to (iv) below.
Excluded categories:You may not be considered an Eligible Seller if You:(i) hold a motor vehicle dealer licence or are required to hold a motor vehicle dealer licence;(ii) are engaged in the business of providing motor vehicles for commercial use, including rental, taxi or courier or delivery services;(iii) submit for sale via the Service more than 4 items in any single category (such as motor vehicles) within any 12 month period; or(iv) are selling a vehicle that is determined by carsales to be ineligible for the Service. This may include but is not limited to older vehicles, vehicles with high odometer readings, vehicles where carsales' data sample is too low for an Instant Offer to be generated, or where vehicles are located in areas to which this Service does not apply.
3. What You Must DoYou must:(a.) comply with the terms and conditions set out in this Agreement;(b.) provide all information reasonably requested by carsales, or the Buyer in the form reasonably required by carsales, or the Buyer from time to time;(c.) describe Your vehicle accurately; and(d.) maintain the confidentiality of all Your email and password information required to access Your account and immediately change the password if it is lost, stolen or compromised in any way. You are responsible for all transactions entered into under Your email and password.
4. What You Must Not Do(a.) You must not submit any vehicle for sale via the Service:
(i) that is not located in Australia;(ii) that is, or has previously been, engaged in commercial use, including without limitation, as a rental car, taxi or for courier or delivery services;(iii) that is not immediately available for sale - such as a vehicle which You seek to auction or rent or a vehicle subject to syndication; or(iv) which You do not have the right to sell.
(b.) You must not submit any material via a carsales Website or to the Buyer regarding a vehicle which does not comply with all relevant laws or is misleading or deceptive or likely to mislead or deceive.(c.) You must not utilise the Service, including any data, information, pricing or other material made available via the Service for a commercial purpose including that You must not use any process of any sort (automated or otherwise) to query, access, retrieve, scrape, data-mine or copy or generate or compile any document, index or database based on the any material made available via the Service.
5. Specific terms for Your use of the Service(a.) The Service enables Eligible Sellers to receive a conditional quote (Conditional Quote) for the purchase of their vehicle from a third party motor vehicle wholesale dealer (Buyer). The price or price range set out in the Conditional Quote (Conditional Quote Price) will be provided subject to Your vehicle meeting the conditions as set out in item (g) below, including that the vehicle is in Acceptable Condition (as defined in 5(g) below).(b.) The Conditional Quote Price has been determined based on information supplied by You in relation to Your vehicle and other information which is supplied by motor vehicle dealers, motor vehicle manufacturers and other private sellers including sales data of similar vehicles. You should undertake Your own investigations and enquiries to determine whether the Conditional Quote Price provided to You is a fair and reasonable price for the sale of Your vehicle in the circumstances. You acknowledge that carsales and the Buyer are not making any recommendation to You to take any action regarding the sale of Your vehicle.(c.) The Conditional Quote will be valid for 7 days (or such other period indicated to You) from date of issue and will expire at the date notified to You in the Conditional Quote (Acceptance Period). If You accept the Conditional Quote, You must then arrange to have Your vehicle inspected by the Buyer during the Acceptance Period in accordance with the instructions advised to You by carsales and as agreed between You and the Buyer.(d.) carsales will send Your name, address, contact details and vehicle details to the Buyer to enable the Buyer to conduct fraud and vehicle related searches and to contact You in relation to the Conditional Quote and any subsequent offer to purchase Your vehicle. See clause 12 for further information on privacy.(e.) If You have paid for and published Your vehicle for sale in an Ad as a private seller Your Ad will remain on the carsales Website until carsales is notified that You have sold the vehicle (or Your Ad is otherwise suspended or removed). The Conditional Quote is confidential to you and must not be disclosed to any person without carsales' prior written approval which shall not be unreasonably withheld.(f.) The Buyer will undertake the inspection of Your vehicle at Your specified location. The inspection is undertaken by the Buyer (as applicable) for the information of the Buyer only. You will not receive a copy of the inspection report or a roadworthy certificate and, to the extent permissible under applicable law, the Buyer will not be liable to You for any claim, loss or damage relating to the inspection services.(g.) Following inspection of Your vehicle, Buyer will agree to purchase Your vehicle for the Conditional Quote Price unless Buyer determines that Your vehicle is not in an Acceptable Condition. A guide to the meaning of “Acceptable Condition” is contained at Appendix A to these terms. If Buyer determines that Your vehicle is not in Acceptable Condition, then Buyer may elect to withdraw its offer for the purchase at the Conditional Quote Price and may (but is not obliged to) provide You with a revised offer to purchase Your vehicle at a new price based on:
(i) the cost of repairs(ii) the accurate details of the vehicle(iii) any other matter which is likely to have a material impact on the value of the vehicle to a purchaser; or(iv) any combination of the above (Revised Price).
(h.) No contract of sale is formed between You and Buyer through Your use of the Service. You must separately enter into an agreement with Buyer for the sale of Your vehicle. You acknowledge and agree that any contract or agreement for the sale of Your vehicle that may occur as a result of Your use of the Service is between You and Buyer, and carsales is not a party to, nor bears any responsibility for such transaction except to the extent required by law. You agree that You will act in good faith towards Buyer in negotiating and finalising the sale of Your vehicle following Your acceptance of the Conditional Quote.(i.) The Buyer may withdraw any offer to purchase Your vehicle if the vehicle is not substantially in the same condition on the date of delivery or collection as it was at the date of inspection e.g. new damage or significantly increased odometer reading (over 3,000km). Please notify carsales of any such changes promptly to avoid Your inconvenience and costs relating to transport (where incurred).(j.) You acknowledge that carsales and the Buyer may send You communications in relation to Your use of the Service, to provide You with further conditional or unconditional quotes for the purchase of Your vehicle and to conduct surveys in relation to Your use of the Service.(k.) Trade-in with carsales Instant Offer: In connection with the Service, carsales may provide functionality which will enable You to nominate if You are interested in also purchasing a new car and if so, the vehicle type. If You nominate such interest, then You acknowledge that this preference will also be communicated to Buyer and the Buyer may provide You with options regarding new vehicle purchases. This functionality is being run as a pilot program and is only available for select participating dealerships in select regions and in respect of new vehicles only. For clarity, all other terms in this Agreement continue to apply.
6. Your AdvertisementYour Ad will remain on the carsales Website until carsales is informed that Your vehicle has been sold or Your Ad is otherwise suspended or removed.You will not be entitled to any refund of your Ad fee (if any) if you ultimately sell your vehicle via Instant Offer.
7. Cancellation of a Conditional Quote(a.) To the extent permitted by law, carsales reserves the right to cancel a Conditional Quote for any reason and at any time prior to You concluding Your sale with the Buyer.(b.) carsales generates a Conditional Quote Price by relying on various data and systems. carsales takes reasonable steps to ensure that its data is accurate and its systems are operating correctly, but in rare circumstances the data and systems may generate Conditional Quote Prices that are unexpectedly high or otherwise inconsistent. carsales may cancel a Conditional Quote which has been generated using inaccurate data or systems operating incorrectly or in an unexpected manner.(c.) In the event Your Conditional Quote is cancelled:
(i) You are not able to sell Your vehicle to the Buyer for the Conditional Quote Price using the Instant Offer Service, and(ii) Your Ad will remain on the carsales Website until carsales is informed that Your vehicle has been sold or Your Ad is otherwise suspended or removed.
8. Intellectual Property RightsYou hereby grant to carsales and the Buyer in respect of all materials and information submitted by You to carsales or Buyer, a perpetual, royalty free and irrevocable licence to use, reproduce, adapt, commercialise or otherwise utilise in any manner those materials and information
9. Your warranties to carsalesYou warrant that:(a.) You have the authority to sell all Items which You have submitted for sale via the Service;(b.) You have the authority to grant to carsales and Buyer the licence contained in clause 8 of this Agreement;(c.) All contact and other details You have provided to carsales or Buyer are accurate; and(d.) Your use of the Service and carsales Network will comply with the terms and conditions set out in this Agreement, the carsales Terms and Conditions of Use and any other reasonable requirements or directions issued by carsales or Buyer from time to time.
10. You Indemnify carsalesYou indemnify carsales against all loss or damage arising from actions, claims and / or demands (including the cost of defending or settling any actions, claims and demands) caused by:(a.) a breach of this Agreement (including a breach of any representation or warranty contained in this Agreement) by You;(b.) any wilful, unlawful or negligent act or omission by You; and(c.) the sale or offering for sale of any vehicle by You;
except to the extent such loss or damage is caused by carsales' own actions or omissions. 11. Liability(a.) Other than as set out in this clause 11, and to the fullest extent permitted by law, all implied guaranteed and warranties in respect of any goods or services provided by carsales are hereby excluded. Nothing in this Agreement excludes, restricts or modifies any right or remedy conferred on You by an applicable statute (e.g. the Australian Consumer Law) that cannot be excluded, restricted or modified.(b.) To the fullest extent permitted by law, carsales' maximum liability to You is limited to $1,000.(c.) To the fullest extent permitted by law, carsales is not liable for any indirect or consequential loss or damage, including for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss.(d.) For the purposes of clauses 10 and 11, the term carsales will mean carsales, its officers, employees, contractors and agents, whether individually or collectively.(e.) This clause will survive the expiration or termination of this Agreement.
12. PrivacyTo read how carsales collects, uses and discloses Your personal information click here. Where carsales provides any of Your personal information to the Buyer as part of Your use of the Service, that information will be stored, used and disclosed in accordance with the Buyer's Privacy Policy. Please be aware that as a user of the Services, You may receive correspondence (including electronic correspondence) regarding Your account and Your use of the Service. This correspondence forms part of this Service and is necessary for the management of Your account and Your use of the Service. If You do not wish to receive this correspondence please do not use the Service. 13. What Law Governs this AgreementThis Agreement is governed by and construed in accordance with the laws of the State of Victoria, Australia and You irrevocably submit to the exclusive jurisdiction of the courts in that State.
14. Entire AgreementThis Agreement, the Application, carsales' Terms and Conditions of Use (https://www.carsales.com.au/info/terms-conditions) and any warranties implied by law which cannot be excluded constitute the entire agreement of the parties in relation to its subject matter. This Agreement will prevail to the extent of any inconsistency with the carsales Terms and Conditions of Use. 15. Generalcarsales may modify or amend this Agreement from time to time by updating this website. However, any such modifications or amendments only apply to Applications made after the date the modification or amendment is made, and not affect any accrued rights or obligations under the prior terms and conditions relating to historical Applications. All rights not expressly granted are reserved. If any provision of this Agreement is invalid, illegal or unenforceable in any respect such invalid, illegal or unenforceable provision is to be severed from this Agreement and the remaining terms will apply. Any delay or failure by carsales to enforce any provision of this Agreement will not be deemed a waiver or create a precedent or prejudice carsales' rights in any way. No waiver by carsales will be effective unless it is in writing and signed by carsales.
Appendix A - “Acceptable Condition” GuidePart A: High value vehicles ($60K value and over)carsales' buyers are given wider discretion to alter the price of these vehicles because of complexity and expense of repair.No Offer to Buy or Conditional Quote Price Adjustments:• Service history books: Incomplete records & log books• Exterior damage• Interior damage• Missing Components• Inoperable items• Cracked Rim• Warning Lights• Mechanical Issue detected on Road Test• Oil Leaks• Modifications that render vehicle un-roadworthy or substantially reduce its value• Rust• Written-off• Hail• Vehicle is subject to an active recall notice (where such recall notice is published by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts on www.vehiclerecalls.gov.au or such other relevant authority website) and:
(a.) the actions required by the active recall notice have not been completed; and(b.) any part/s or component/s required to fulfil the recall notice cannot reasonably be obtained within one month from the date the vehicle is inspected by the Buyer.
• Evidence of previous commercial use of vehicle which could impact the valuation of the vehicle such as prior use as a rental car, taxi or for courier or delivery services.
Part B: All other vehicles (under $60K value)(i) Conditional Quote Price Adjustments:
• Service history books: Incomplete records & log books• Exterior damage
• Interior damage
• Missing Components• Inoperable items• Cracked Rim
(ii) No Offer to Buy (or referral to Buyer for review):
• Exterior damage
• Interior damage
• Warning Lights• Mechanical Issue detected on Road Test• Oil Leaks• Modifications that render vehicle un-roadworthy or substantially reduce its value• Rust• Written-off• Hail
• Vehicle is subject to an active recall notice (where such recall notice is published by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts on www.vehiclerecalls.gov.au or such other relevant authority website) and: (i) the actions required by the active recall notice have not been completed; and(ii) any part/s or component/s required to fulfil the recall notice cannot reasonably be obtained within one month from the date the vehicle is inspected by the Buyer.
• Evidence of previous commercial use of vehicle which could impact the valuation of the vehicle such as prior use as a rental car, taxi or for courier or delivery services.
Version 2.3 (August 2025)