MOTOR DEALERS AND CHATTEL AUCTIONEERS ACT 2014 - SECT 104 Buyer’s rights if notice not given or materially defective

MOTOR DEALERS AND CHATTEL AUCTIONEERS ACT 2014 - SECT 104

104 Buyer’s rights if notice not given or materially defective

(1) This section applies if a person (
"buyer" ) has purchased a used motor vehicle and—

(a) the buyer has not been given the statement under section 102 ; or

(b) the statement has been given to the buyer, but the statement is defective in a material particular.

(2) The buyer, by written notice given to the motor dealer, may avoid the contract for the sale of the used motor vehicle.

(3) The notice must be given to the motor dealer within 7 days after the day property in the vehicle passes to the buyer.

(4) If the contract is avoided under this section, the motor dealer—

(a) must do everything in the motor dealer’s power to return the buyer to the position the buyer was in before the vehicle was purchased; or

(b) if the buyer can not be returned to that position—is liable for any financial loss suffered by the buyer because the buyer can not be returned to that position.

Note—

A person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this subsection.