Victorian Consolidated Legislation

Motor Car Traders Act 1986 - SECT 55

Excluded defects

55. Excluded defects



(1) A motor car trader may affix or attach to any used motor car offered or
displayed for sale a notice in the prescribed form setting out with reasonable
particularity any defect that the motor car trader believes to exist in the
used motor car together with, in relation to each such defect, the motor car
trader's estimate of the fair cost of repairing or making good the defect.

(2) If-

   (a)  a notice complying with subsection (1) has, at all material times,
        been attached to the used motor car; and

   (b)  at or before the time of sale a copy of the notice has been signed by
        the purchaser; and

   (c)  upon the sale a true copy of the notice as so signed has been
        delivered to the purchaser for retention by that purchaser; and

   (d)  the estimate by the motor car trader of the fair cost of repairing or
        making good the defect is reasonable-

the warranty imposed by section 54 does not apply to or in relation to any
defect set out in the notice.