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MOTOR DEALERS AND CHATTEL AUCTIONEERS ACT 2014 - SECT 105 Contract must contain cooling-off clause

MOTOR DEALERS AND CHATTEL AUCTIONEERS ACT 2014 - SECT 105

Contract must contain cooling-off clause

105 Contract must contain cooling-off clause

(1) A contract for the sale of a used motor vehicle by a motor dealer must contain a clause clearly headed ‘COOLING-OFF PERIOD’ stating the following—
(a) the day and time the cooling-off period starts;
(b) the day and time the cooling-off period ends;
(c) property in the motor vehicle does not pass to the buyer until the end of the cooling-off period, unless the buyer takes physical possession of the vehicle for a purpose other than—
(i) a vehicle inspection; or
(ii) a test drive;
(d) the buyer or the buyer’s agent may possess the vehicle during the cooling-off period, but only to have the vehicle independently inspected or to test drive the vehicle;
(e) the buyer may avoid the contract at any time during the cooling-off period by giving written notice to that effect to the dealer in accordance with this Act;
(f) the amount of any non-refundable deposit paid by the buyer if the contract is avoided during the cooling-off period;
(g) if the contract is avoided during the cooling-off period, the motor dealer must return to the buyer—
(i) any trade-in vehicle offered by the buyer that the motor dealer has taken possession of; and
(ii) any deposit paid by the buyer, less the amount of non-refundable deposit.
(2) If the contract does not comply with subsection (1) , 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.