Do I need a written agreement for a private car sale?

Not legally — a cash transaction and change of ownership at NZTA is sufficient to transfer title. But a written agreement provides valuable proof of the transaction, the agreed condition, and the price, and helps resolve any dispute later.

What if the car has money owing on it?

If a security interest is registered on the PPSR, the secured party can potentially repossess the car even after sale. Always search the PPSR before paying. If a security interest exists, require the seller to pay it out at settlement so the PPSR registration is removed.

Is a private sale covered by the Consumer Guarantees Act?

No. The CGA applies when a supplier supplies goods in trade. Genuine private sales between non-traders are outside the CGA, which is why "as is, where is" clauses are common. Dealer sales are always within the CGA and cannot contract out for consumer buyers.

Who lodges the change of ownership?

Both parties have duties: the seller completes form MR13B (online or at a NZTA agent) and the buyer completes form MR13A. Both should be done within 7 days of sale. The agreement should confirm both parties will comply.

Can I sell a car without a WoF?

Yes, but you must disclose that the WoF is expired. It is an offence to sell a vehicle requiring a WoF without disclosure unless the vehicle is clearly sold for parts or not to be driven on public roads.

Can the buyer return the car if it breaks down later?

For private sales, generally no — the buyer takes the car as it is at sale. However, the seller must not have misrepresented the condition. If a known major defect was concealed, the buyer may have remedies under the Fair Trading Act 1986 or general contract law.

Should I take cash or bank transfer?

Bank transfer or a verified bank cheque is safer for larger amounts. If taking cash, verify the notes and count at a safe place. Do not hand over keys or registration documents until funds are cleared.

PersonalNZ

Vehicle Sale Agreement Template

A vehicle sale agreement records the private sale of a car, motorcycle, van, boat, or other vehicle. Use our free New Zealand template to document the sale under the Contract and Commercial Law Act 2017 and protect both buyer and seller.

Create Your Motor Vehicle Sale Agreement

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MOTOR VEHICLE SALE AGREEMENT

Private Sale — CCLA 2017 / Motor Vehicle Sales Act 2003

VENDOR (SELLER)

Scott A. Fletcher

34 Ponsonby Road, Ponsonby, Auckland 1011

By: +64 21 777 0234 · scott.fletcher@email.com

PURCHASER (BUYER)

Mei-Ling Chen

18 Grey Lynn Road, Grey Lynn, Auckland 1021

By: +64 21 888 0567 · meiling.chen@email.com

Sale Date: 15 April 2026

Sale Price: $22,500.00 NZD

VEHICLE DETAILS

MAKE	Toyota
MODEL	Corolla GX
YEAR	2020
COLOUR	Silver
REGISTRATION PLATE	ABC123
VIN / CHASSIS NUMBER	JTDBR32E700123456
ODOMETER (KM)	48500 km
WOF / COF STATUS	Current Warrant of Fitness (WoF)
REGISTRATION EXPIRY	31 December 2026
PPSR CHECKED	Yes — PPSR search conducted; no encumbrances found

This Motor Vehicle Sale Agreement ("Agreement") is entered into on 15 April 2026 between Scott A. Fletcher ("Vendor") and Mei-Ling Chen ("Purchaser"). This is a private sale between individuals and the Consumer Guarantees Act 1993 (CGA 1993) does not apply to private sales. The Agreement is subject to the laws of New Zealand, including the Contract and Commercial Law Act 2017 (CCLA 2017) and the Motor Vehicle Sales Act 2003 (MVSA 2003).

AGREEMENT TO SELL AND PURCHASE

The Vendor agrees to sell, and the Purchaser agrees to purchase, the vehicle described above (the "Vehicle") for the total sale price of $22,500.00 NZD (the "Purchase Price"), on the terms and conditions set out in this Agreement. The Purchaser acknowledges they have inspected the Vehicle prior to execution of this Agreement and is satisfied with its condition, subject to any express warranties set out herein.

PAYMENT

The Purchase Price shall be paid as follows: (a) Deposit of $2,000.00 NZD is payable upon signing this Agreement; (b) the Balance of $22,500.00 NZD less the deposit shall be paid by direct bank transfer (cleared funds) on or before 20 April 2026; (c) title and possession of the Vehicle shall transfer to the Purchaser only upon receipt of the full Purchase Price in cleared funds.

TRANSFER OF OWNERSHIP — NZTA REQUIREMENTS

Upon receipt of the full Purchase Price: (a) the Vendor shall hand over the Vehicle's physical keys, registration documents, service history, and all other documents relating to the Vehicle; (b) both parties shall complete and submit the Notice of Change of Ownership to the New Zealand Transport Agency (NZTA) via the NZTA website (www.nzta.govt.nz) within 7 days of sale, as required under the Land Transport Act 1998; (c) the Vendor is responsible for ensuring no outstanding fines, registration charges, or NZTA obligations relating to the Vehicle remain in the Vendor's name after transfer; and (d) risk and insurance obligations for the Vehicle transfer to the Purchaser upon handover of the keys and payment of the Purchase Price.

PPSR — PERSONAL PROPERTY SECURITIES REGISTER

The Vendor confirms that, to the best of their knowledge, a search of the Personal Property Securities Register (PPSR — ppsr.govt.nz) has been conducted and the Vehicle is not encumbered or subject to any finance, security interest, or money owing to any third party as at the date of this Agreement. The Vendor warrants that they are the owner of the Vehicle free from any encumbrance and have the right to sell it. The Purchaser is strongly encouraged to conduct their own independent PPSR search before completing payment.

WARRANT OF FITNESS / CERTIFICATE OF FITNESS

The Vendor confirms the WoF/CoF status of the Vehicle as stated in the Vehicle Details above. A current and valid Warrant of Fitness (WoF) is required for the Vehicle to be legally driven on New Zealand public roads under the Land Transport Act 1998. If the WoF is expired, the Purchaser is responsible for obtaining a new WoF before using the Vehicle on public roads. The Vendor makes no warranty regarding the Vehicle's ability to pass a WoF inspection unless expressly stated above.

AS-IS SALE — PRIVATE SALE

This is a private sale between individuals. The Vehicle is sold in its current condition "as is, where is" at the date of sale. The Vendor makes no representations or warranties, express or implied, beyond those expressly stated in this Agreement. The Consumer Guarantees Act 1993 (CGA 1993) does not apply to private sales between individuals — it applies only to sales by dealers or traders. The Purchaser accepts the Vehicle having had the opportunity to inspect it (or waiving the right of inspection). Any known defects or conditions of the Vehicle are declared as follows: See vehicle details above..

ODOMETER READING

The Vendor declares that, to the best of their knowledge, the odometer reading of the Vehicle at the date of this Agreement is 48500 km and is accurate. The Vendor is not aware of any tampering with or rollback of the Vehicle's odometer. It is an offence under the Motor Vehicle Sales Act 2003 (MVSA 2003, s 58) to knowingly misrepresent an odometer reading.

GOVERNING LAW

This Agreement shall be governed by the laws of New Zealand, including the Contract and Commercial Law Act 2017 (CCLA 2017) and the Motor Vehicle Sales Act 2003 (MVSA 2003). Any dispute arising under this Agreement shall be resolved through the New Zealand courts or the Disputes Tribunal (for claims up to $30,000) as appropriate.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.

VENDOR (SELLER)

Scott A. Fletcher

Date: ____________________

PURCHASER (BUYER)

Mei-Ling Chen

Date: ____________________

What Is a Vehicle Sale Agreement?

A vehicle sale agreement is a written contract documenting the sale of a vehicle from a seller to a buyer. It records the vehicle, price, warranties, and the date and manner of the transfer. While a NZTA change-of-ownership notice (MR13B for the seller and registration by the buyer) handles the statutory title transfer, the contract governs the commercial relationship between seller and buyer.

In New Zealand, vehicle sales are governed by the Contract and Commercial Law Act 2017 (particularly the sale-of-goods provisions formerly in the Sale of Goods Act 1908). Private (non-dealer) sales are generally "as-is" — the Consumer Guarantees Act 1993 does not apply to private sales between non-traders — but misleading or deceptive conduct is still prohibited under section 9 of the Fair Trading Act 1986 regardless of whether the seller is a dealer.

Motor vehicle dealers are subject to additional requirements under the Motor Vehicle Sales Act 2003, including registration with the Motor Vehicle Traders Register and consumer-protection obligations. Our template is designed for private sales. Dealer sales require a Consumer Information Notice (CIN) under the Motor Vehicle Sales Regulations 2003 and additional disclosures.

What's Covered in This Template

Our vehicle sale agreement captures all the details a New Zealand private vehicle sale needs.

Seller and Buyer Details

Full legal names, addresses, driver’s licence numbers, and contact details of both parties.

Vehicle Details

Make, model, year, registration number, VIN, odometer reading, and colour.

Sale Price

Total price, deposit (if any), and balance payable at handover.

Payment Method

How payment will be made — bank transfer, bank cheque, or cash — and confirmation of cleared funds.

Handover Date and Location

Date, time, and place at which possession and keys will be handed to the buyer.

Condition of Vehicle

Statement of known defects and confirmation that the buyer has inspected the vehicle.

"As Is, Where Is" Clause

For private sales, an "as is, where is" clause clearly stating no warranties are given.

Warranty of Title and Encumbrances

Seller’s warranty that they own the vehicle and that it is not subject to any undisclosed security interest on the PPSR.

Odometer Accuracy

Seller’s confirmation that the odometer reading is accurate to their knowledge.

WOF and Registration Status

Current status of the Warrant of Fitness (WoF) and vehicle registration.

Ownership Transfer (MR13B)

Acknowledgement that the seller will submit the NZTA change-of-ownership notice promptly.

Signatures and Witnesses

Signatures of seller and buyer, dated, with optional witness signatures.

How to Create a Vehicle Sale Agreement

Generate a professional private vehicle sale agreement in minutes.

1
Enter Party Details
Provide the seller and buyer’s legal names, addresses, and driver’s licence numbers.
2
Describe the Vehicle
Enter make, model, year, registration plate, VIN, current odometer, and colour.
3
Agree Price and Payment
State the total price, any deposit, and the method of payment of the balance.
4
Confirm Condition and Handover
Record the "as is" status, known defects, handover date and place.
5
Sign and Transfer
Both parties sign, exchange payment and keys, and the seller submits the MR13B change-of-ownership online or at a NZTA agent within 7 days.

Legal Considerations

Even simple vehicle sales engage several New Zealand statutes and some practical pitfalls worth being aware of.

This template is for informational purposes only and does not constitute legal advice. For high-value vehicles, overseas sales, or sales involving finance, seek advice from a New Zealand lawyer and check the PPSR before buying.

Reviewed for New Zealand law

Personal Property Securities Register (PPSR)

Under the Personal Property Securities Act 1999, secured lenders can register financing statements over vehicles on the PPSR (ppsr.govt.nz). A buyer who does not check the PPSR risks buying a vehicle that remains subject to a security interest and can, in some cases, be repossessed. The agreement should include a seller warranty that the vehicle is free of encumbrances, and buyers should search the PPSR before settlement.

Fair Trading Act 1986

Even private sellers cannot engage in misleading or deceptive conduct in trade under section 9 of the Fair Trading Act 1986. Deliberate odometer tampering, misrepresenting accident history, or concealing known defects can breach the Act and expose the seller to damages under section 43. Dealers have additional positive disclosure duties under the Motor Vehicle Sales Act 2003.

Consumer Guarantees Act 1993

The Consumer Guarantees Act 1993 implies guarantees of acceptable quality and fitness for purpose when a supplier supplies goods "in trade". Private (non-trader) sales generally fall outside the Act. Dealer sales are always within it, and dealers cannot contract out of the CGA for consumer sales. Our template is for private sales; an "as is" clause reinforces the absence of statutory guarantees.

Change of Ownership

Under the Land Transport Act 1998 and associated regulations, a seller must notify NZTA of a change of ownership (form MR13B or online within 7 days), and the buyer must register themselves as the new owner (form MR13A or online). Failure to notify does not void the sale but may expose the seller to liability for traffic infringements (including tolls and speeding tickets) incurred after the handover.

Frequently Asked Questions

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