Legal help!

[Cosmo]

My friend just bought a brand new car on wednesday and put down a $1k deposit. Delivery isn't expected for another 2-3 weeks. However, due to circumstances he won't go in to ( ) he no longer wants the car. Is he able to cancel the order and get a refund on the deposit? Because on the back of the order form, it says:

If the Purchaser so notifies the Trader that the Purcahser no longer wishes to be bound by this agreement the Purchaser will no longer be bound by this agreement UNLESS not more than three days after such notification the Trader notifies the Purchaser that the Trader requires the Purchaser to purchase the motor vehicle for the total price shown on the front page of this agreement exclusive of the price increase and additional duty.

Does this mean he can just tell the Dealer that he no longer wants the car, get back the deposit and no longer be bound by this Buyer's Order form?

Edited March 14, 2007 by Cosmo

[neK]

Why not.

Give it shot. Its within 3 days. Or do you mean Wednesday last week?

[1rocky]

give it a go and talk to the dealer

[Cosmo]

Sorry, it was actually Tuesday, so two days ago. Late night post you see :)

[perthcamry]

Cooling off period is your friend :)

From 28 January 2003 a one day, waivable cooling off period was introduced for purchases of new and used cars where the purchase is financed by a linked credit arrangement. Linked credit is where finance for the purchase is provided by or facilitated by the motor dealer selling the vehicle.

The cooling off period will be given effect by the commencement of Schedule 1 [39] of the Motor Trade Legislation Amendment Act 2001 and the Motor Dealers Amendment (Cooling Off Periods) Regulation 2002 (amending Motor Dealers Act 1974 - Sections 29CA-29CD; and Motor Dealers Regulation 1999 - Clause 41A). Copies of the legislation may be purchased from the Government Information Service or downloaded from www.legislation.nsw.gov.au.

[saintly]

it should be OK, because it is within the cooling off period.

otherwise, bad luck

[CAP]

Dealer will try to say he cant have the deposit back, he just has to be firm if they do so.

[Cosmo]

I called Consumer Affairs and they tell me that there is no cooling off on brand new cars, it also says it on the website.

"Remember that there is no 'cooling off' period when buying a new car and if you change your mind after signing, the trader can sue you. You could also lose part or all of your deposit!"

http://www.consumer.vic.gov.au/CA256EB5000...s+and+Deposits~

[Suprathai]

yikes

[iNdCeNt]

the laws must of changed cause whne i signed for my car when i bought it in end 2003 brand new i had a cooling of period of about 1 week or few days i think, i remember cause the dealer told us that..

[MT]

guys come on you are in 2 different states of course the laws are different