Victorian Consolidated Legislation

Motor Car Traders Act 1986 - SECT 45

Rescission

45. Rescission



(1) Subject to subsection (3), a purchaser under an agreement for the sale of
a motor car may apply to the Magistrates' Court not later than 3 months after
the agreement is entered into for an order for the rescission of the agreement
specifying as a ground that-

   (a)  a false representation has been made in relation to an odometer
        reading of the motor car; or

   (b)  the agreement for sale of the motor car does not contain the
        prescribed particulars, terms and conditions; or

   (c)  the motor car is substantially different from the motor car
        represented in the notice required by section 52(1).

(2) Subject to subsection (3), a purchaser under an agreement for the sale of
a motor car at a cash price not exceeding $40 000 may, not later than 3 months
after the agreement is entered into, apply to the Tribunal for an order for
the rescission of the agreement on any ground referred to in subsection (1).

(3) Despite subsections (1) and (2), if a purchaser under an agreement for the
sale of a motor car has notified the motor car trader of a complaint referred
to in subsection (1) not later than 3 months after the agreement is entered
into, the purchaser may apply not later than 1 month after that notification
to the Magistrates' Court or the Tribunal for an order for the rescission of
the agreement on the ground of that complaint.

(4) The provisions of this section are in addition to and not in derogation of
any right in law which the purchaser may have to rescind an agreement.

(5) If a person applies for an order under this section, the person is not
eligible to make a claim under section 76 in respect of any loss that relates
to the circumstances giving rise to the application for the order until the
application has been heard and determined.

(6) The amendment made by section 29 of the Motor Car Traders (Amendment) Act
1996 increasing the limit in subsection (2) from $20 000 to $40 000 only
applies to agreements entered into on or after the date that section came into
operation.



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